Federal Registers - Table of Contents Federal Registers - Table of Contents
• Publication Date: 04/27/1998
• Publication Type: Unified Agenda
• Fed Register #: 63:22217-22275
• Title: Semiannual Agenda of Regulations

NOTE: This section for the Department of Labor (OSHA) is on pages 22257-22275

Occupational Safety and Health Administration - Prerule Stage

Sequence Number Title Regulation Identification Number
1986 Control of Hazardous Energy Sources (Lockout/Tagout) (Section 610 Review) 1218-AB59
1987 Occupational Exposure to Ethylene Oxide (Section 610 Review) 1218-AB60
1988 Process Safety Management of Highly Hazardous Chemicals 1218-AB63
1989 Fire Brigades 1218-AB64
1990 Grain Handling Facilities (Section 610 Review) 1218-AB73
1991 Cotton Dust (Section 610 Review) 1218-AB74

Occupational Safety and Health Administration - Proposed Rule Stage

Sequence Number Title Regulation Identification Number
1992 Longshoring and Marine Terminals (Parts 1917 and 1918) - Reopening of the Record (Tandem Lifts) 1218-AA56
1993 Steel Erection (Part 1926) (Safety Protection for Ironworkers) 1218-AA65
1994 Safety and Health Programs (for General Industry and Shipyards) 1218-AB41
1995 Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Phase II) (Shipyards: Fire Safety) 1218-AB51
1996 Permissible Exposure Limits (PELs) for Air Contaminants 1218-AB54
1997 Plain Language Revision of Existing Standards (Phase I) 1218-AB55
1998 Nationally Recognized Testing Labs Programs: Fees 1218-AB57
1999 Flammable and Combustible Liquids 1218-AB61
2000 Fall Protection in the Construction Industry 1218-AB62
2001 Revocation of Certification Records for Tests, Inspections, and Training 1218-AB65
2002 Requirement To Pay for Personal Protective Equipment 1218-AB77
2003 Consultation Agreements 1218-AB79

Occupational Safety and Health Administration - Final Rule Stage

Sequence Number Title Regulation Identification Number
2004 Respiratory Protection (Proper Use of Modern Respirators) 1218-AA05
2005 Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting Reproductive Health 1218-AA84
2006 Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness Recordkeeping Requirements) 1218-AB24
2007 Powered Industrial Truck Operator Training (Industrial Truck Safety Training) 1218-AB33
2008 Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions in Confined Spaces) 1218-AB52
2009 Standards Improvement Project 1218-AB53

Occupational Safety and Health Administration - Long-Term Actions

Sequence Number Title Regulation Identification Number
2010 Scaffolds in Shipyards (Part 1915 - Subpart N) (Phase I) (Shipyards: Safer Scaffolds). 1218-AA68
2011 Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency Exits and Aisles) 1218-AA70
2012 Accreditation of Training Programs for Hazardous Waste Operations (Part 1910) 1218-AB27
2013 Prevention of Work-Related Musculoskeletal Disorders 1218-AB36
2014 Indoor Air Quality in the Workplace 1218-AB37
2015 Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness: Chromium) 1218-AB45
2016 Occupational Exposure to Tuberculosis 1218-AB46
2017 Confined Spaces in Construction (Part 1926) (Construction: Preventing Suffocation/ Explosions in Confined Spaces) 1218-AB47
2018 General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards: General Working Conditions) 1218-AB50
2019 Standards Advisory Committee on Metalworking Fluids 1218-AB58
2020 Plain Language Revision of Existing Standards (Phase II) 1218-AB66
2021 Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67
2022 Safety Standards for Scaffolds Used in the Construction Industry - Part II 1218-AB68
2023 Safety and Health Programs for Construction 1218-AB69
2024 Occupational Exposure to Crystalline Silica 1218-AB70
2025 Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing Construction Injuries/Fatalities; Lockout) 1218-AB71
2026 Occupational Exposure to Beryllium 1218-AB76
2027 Consolidation of Records Maintenance Requirements in OSHA Standards 1218-AB78

Occupational Safety and Health Administration -- Completed Actions

Sequence Number Title Regulation Identification Number
2028 Walking Working Surfaces and Personal Fall Protection Systems (Part 1910) (Slips, Trips, and Fall Prevention) 1218-AB04
2029 Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes 1218-AB75




DEPARTMENT OF LABOR (DOL) Prerule Stage
Occupational Safety and Health Administration (OSHA)



1986. CONTROL OF HAZARDOUS ENERGY SOURCES (LOCKOUT/TAGOUT) (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1910.147

Legal Deadline: None

Abstract: As required by section 610 of the Regulatory Flexibility Act and section 5 of Executive Order 12866, OSHA has reviewed the Agency's standard for the protection of employees from exposure to lockout/ tagout hazards, 29 CFR 1910.147, to determine whether the rule should be continued without change or should be amended or rescinded, consistent with the objectives of the rule and of the Occupational Safety and Health Act, to minimize any significant impact on a substantial number of small entities. After a thorough review of the Agency's experience in enforcing this standard, the available literature, and comments received in connection with this review, OSHA has determined that there is a continued need for the rule, that the rule does not appear to overlap, duplicate, or conflict with other Federal rules or with other State and local rules, and that no technological, economic, or other factors have arisen since the rule was published that would necessitate amendment or rescission of the rule at this time. OSHA has also concluded that no change that is consistent with the objectives of the OSHA Act can be made to the rule that will further minimize any significant impact on a substantial number of small entities. OSHA will be responding to comments received during this review of the standard by preparing materials to assist employers in complying with the rule.

Timetable:

Action Date FR Cite

Begin Review 10/01/96
End Review 06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe Kent, Acting Deputy Director, Policy, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB59



1987. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1910.1047

Legal Deadline: None

Abstract: OSHA has undertaken a review of the ETO standard in accordance with the requirements of the Regulatory Flexibility Act and section 5 of EO 12866. The review has considered the continued need for the rule, the impacts of the rule, comments on the rule received from the public, the complexity of the rule, whether the rule overlaps, duplicates or conflicts with other Federal, State, or local regulations, and the degree to which technology, economic conditions or other factors may have changed since the rule was last evaluated. The Agency's findings with respect to this review will be published in a report available to the public in 1998.

Timetable:

Action Date FR Cite

Begin Review 10/01/96
End Review 06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe Kent, Acting Deputy Director, Policy, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB60



1988. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS CHEMICALS

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.119

Legal Deadline: None

Abstract: The notice will propose to make corrections and technical amendments to the final rule on Process Safety Management of Highly Hazardous Chemicals, published in the Federal Register on February 24, 1992, at 57 FR 6356. In addition, it will propose to modify the final rule by adding certain chemicals included in the Environmental Protection Agency's Risk Management Program but not in the OSHA final rule. OSHA has been requested to bring its chemical list into closer alignment with the Environmental Protection Agency's program. OSHA is also considering issuing an Advance Notice of Proposed Rulemaking to address issues related to reactive chemicals raised by the explosion of a chemical plant in Lodi, New Jersey in 1995.

Timetable:

Action Date FR Cite

ANPRM Reactives 04/00/98
NPRM Process Safety Management 09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477
Email: jmartonik@dol.gov

RIN: 1218-AB63



1989. FIRE BRIGADES

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.156

Legal Deadline: None

Abstract: Fighting fires as members of fire brigades presents a significant risk of harm to employees. To mitigate these risks, OSHA promulgated a standard for fire brigades in 1980. However, the standard is now more than 16 years old, and does not reflect current advances in technology and safety. Consequently, under this action the existing fire brigade standard would be revised to reflect the latest technology in safety, particularly with respect to personal protective equipment and emergency procedures. Gaps in coverage would also be addressed, since the existing fire brigade standard does not cover wildland fire fighting or crash-rescue type fire fighting. OSHA may rely on the Negotiated Rulemaking process to revise this standard and the States are expected to play a major role in any rulemaking on this issue.

Timetable:

Action Date FR Cite

Notice of Intent To Form
Negotiated Rulemaking Committee
    for Fire Brigades
06/00/98
Approval of Charter 09/00/98
Appointment of Members 11/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John F. Martonik, Acting Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477
Email: jmartonik@dol.gov

RIN: 1218-AB64



1990. GRAIN HANDLING FACILITIES (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1910.272

Legal Deadline: None

Abstract: OSHA is undertaking a review of its grain handling standard (29 CFR 1910.272) in accordance with the requirements of section 610 of the Regulatory Flexibility Act and section 5 of EO 12866. The review will cover the continued need for the rule; the nature of complaints or comments received from the public concerning the rule; the complexity of the rule; the extent to which the rule overlaps, duplicates or conflicts with other Federal rules and, to the extent feasible, with State and local rules; and the degree to which technology, economic conditions, or other factors have changed in the industries affected by the rule.

Timetable:

Action Date FR Cite

Begin Review 10/01/97
End Review 09/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Deputy Director, Policy, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB73



1991. COTTON DUST (SECTION 610 REVIEW)

Priority: Other Significant

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655 (b); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1910.1043

Legal Deadline: None

Abstract: OSHA is undertaking a review of its cotton dust standard (29 CFR 1910.1043) in accordance with the requirements of section 610 of the Regulatory Flexibility Act and section 5 of EO 12866. The review will cover the continued need for the rule; the nature of complaints or comments received from the public concerning the rule; the complexity of the rule; the extent to which the rule overlaps, duplicates or conflicts with other Federal rules and, to the extent feasible, with State and local rules; and the degree to which technology, economic conditions, or other factors have changed in the industries affected by the rule.

Timetable:

Action Date FR Cite

Begin Review 10/01/97
End Review 09/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Marthe B. Kent, Acting Deputy Director, Policy, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB74



DEPARTMENT OF LABOR (DOL) Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)



1992. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918)--REOPENING OF THE RECORD (TANDEM LIFTS)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 33 USC 941; 29 USC 655

CFR Citation: 29 CFR 1918.11

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 FR 40142). However, OSHA is reopening the record to address the issue of tandem lifts. Tandem lifts involve the lifting of two intermodal containers, secured together with twist locks, at the same time. Because some commenters to the record questioned the safety of allowing such tandem lifts and the record does not contain adequate information to allow the Agency to address this issue, OSHA is reopening the rulemaking record to address this issue only.

62 FR 40142
Timetable:

Action Date FR Cite

NPRM 06/06/94 59 FR 28594
NPRM Comment Period End 09/23/94
Final Rule on Longshoring 07/25/97
Public Meeting 01/27/98 62 FR 52671
Second NPRM 12/00/98

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected: 44 Water Transportation

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605 FP Building,
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477



RIN: 1218-AA56

1993. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS)

Priority: Economically Significant

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 655; 40 USC 333

CFR Citation: 29 CFR 1926.750 (Revision); 29 CFR 1926.751 (Revision); 29 CFR 1926.752 (Revision)

Legal Deadline: None

Abstract: On December 29, 1992, the Occupational Safety and Health Administration (OSHA) announced its intention to form a negotiated rulemaking advisory committee to negotiate issues associated with a revision of the existing steel erection standard. The Steel Erection Negotiated Rulemaking Advisory Committee (SENRAC), a 20-member committee, was established, and the SENRAC charter was signed by Secretary Reich on May 26, 1994, and was recently re-chartered for a 2- year period. Four of the primary issues the committee negotiated include the need to expand the scope and application of the existing standard, construction specifications and work practices, written construction safety erection plans, and fall protection. The Committee met 11 times over an 18-month period and completed work on the draft regulatory text for the proposed steel erection standard on December 1, 1995.

The negotiated rulemaking process has been successful in bringing together the interested parties that will be affected by the proposed revision to the steel erection rule to work out contrasting positions, find common ground on the major issues, and develop language for a proposed rule. The use of this process and a neutral facilitator allowed the stakeholders to develop an ownership stake in the proposal that they would not have had without the use of this process.

The process has led to a proposed revision to subpart R of 29 CFR 1926 that contains innovative provisions that will help to minimize the major causes of steel erection injuries and fatalities. Many of these provisions could not have been developed without this process, which has brought together industry experts, via face-to-face negotiations, to discuss different approaches to resolving the issues. This process has proved mutually beneficial to all the parties involved (including OSHA), with each Committee member participating in resolving the issues and developing practical and effective rules to make the steel erection industry safer.

Timetable:

Action Date FR Cite

Notice of Committee Establishment 05/11/94 59 FR 24389
NPRM 06/00/98

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3306, FP Building,
Washington, DC 20210
Phone: 202 219-6599

RIN: 1218-AA65



1994. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND SHIPYARDS)

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655; 29 USC 652; 29 USC 654; 29 USC 657

CFR Citation: 29 CFR 1910; 29 CFR 1915

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA), many of the States, members of the safety and health community, insurance companies, professional organizations, companies participating in the Agency's Voluntary Protection Program, and many proactive employers in all industries have recognized the value of worksite-specific safety and health programs in preventing job-related injuries, illnesses, and fatalities. The effectiveness of these programs is seen most dramatically in the reductions in job-related injuries and illnesses, workers' compensation costs, and absenteeism that occur after employers implement such programs. To assist employers in establishing safety and health programs, OSHA in 1989 (54 FR 3904) published nonmandatory guidelines that were based on a distillation of the best safety and health management practices observed by OSHA in the years since the Agency was established. OSHA's decision to expand on these guidelines by developing a safety and health programs rule is based on the Agency's recognition that occupational injuries, illnesses, and fatalities are continuing to occur at an unacceptably high rate; for example, an average of 17 workers were killed each day in 1995 in occupational fatalities.

Although the precise scope of the standard (e.g., what industries will be covered, what sizes of firms will be covered) has not yet been determined, the safety and health programs contained in the proposed rule will include at least the following elements: management leadership of the program; active employee participation in the program; analysis of the worksite to identify serious safety and health hazards of all types; training; and program evaluation. In addition, in response to extensive stakeholder involvement, OSHA has, among other things, focused the rule on serious hazards, deleted required medical surveillance, and reduced burdens on small business.

Timetable:

Action Date FR Cite

NPRM 09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: Separate standards are being developed for the construction (29 CFR 1926) and the maritime (29 CFR 1915, 1917 and 1918) industries, which are being coordinated with this standard.

Agency Contact: Marthe Kent, Acting Deputy Director, Policy, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3641, FP Building, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB41



1995. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) (PHASE II) (SHIPYARDS: FIRE SAFETY)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

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: During the 1980s, OSHA embarked on a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard employer is subject to both the "shipyard" standards and OSHA's general industry standards. This sometimes results in inconsistent and contradictory requirements for essentially the same operation. Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action was endorsed by the Shipyard Advisory Committee which was chartered in 1989 to update and consolidate existing shipyard standards. The operations that are addressed in this rulemaking relate to fire brigades, fire extinguishers, sprinkler systems, detection systems, alarm systems, fire watches, and emergency plans. One hundred thousand workers are potentially exposed to these hazards annually. This standard will be developed using the negotiated rulemaking process.

Timetable:

Action Date FR Cite

NPRM 12/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB51



1996. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 104-4.

Legal Authority: 29 USC 655 (b)

CFR Citation: 29 CFR 1910.1000

Legal Deadline: None

Abstract: OSHA enforces hundreds of permissible exposure limits (PELs) for toxic air contaminants found in U.S. workplaces. These PELs set OSHA-enforceable limits on the magnitude and duration of employee exposure to each contaminant. The amount of exposure permitted by a given PEL depends on the toxicity and other characteristics of the particular substance. OSHA's PELs for air contaminants are codified in 29 CFR 1910.1000, Tables Z-1, Z-2, and Z-3. The air contaminant limits were adopted by OSHA in 1971 from existing national consensus standards issued by the American Conference of Governmental Industrial Hygienists and the American National Standards Institute. These PELs, which have not been updated since 1971, thus reflect the results of research conducted in the 1950s and 1960s. Since then, much new information has become available that indicates that, in most cases, these early limits are outdated and insufficiently protective of worker health. To correct this situation, OSHA published a proposal in 1988 updating the air contaminant limits in general industry. That proposal became a final rule in 1989 (54 FR 2332); it lowered the existing PEL for 212 toxic air contaminants and established PELs for 164 previously unregulated air contaminants. On June 12, 1992 (57 FR 26001), OSHA proposed a rule that would have extended these limits to workplaces in the construction, maritime, and agriculture industries. However, on July 10, 1992, the Eleventh Circuit Court of Appeals vacated the 1989 final rule on the grounds that "(1) OSHA failed to establish that existing exposure limits in the workplace presented significant risk of material health impairment or that new standards eliminated or substantially lessened the risk; (2) OSHA did not meet its burden of establishing that its 428 new permissible exposure limits (PELs) were either economically or technologically feasible." The Court's decision to vacate the rule forced the Agency to return to the earlier, insufficiently protective limits.

OSHA continues to believe that establishing a rulemaking approach that will permit the Agency to update existing air contaminant limits and establish new ones as toxicological evidence of the need to do so becomes available is a high priority. The rulemaking described in this Regulatory Plan entry reflects OSHA's intention to move forward with this process. In determining how to proceed, OSHA is being guided by the OSH Act and the Eleventh District Court decision regarding the extent of the risk and feasibility analyses required to support revised and new air contaminant limits. The Agency will rely on a risk-based prioritization system to identify those air contaminants that present significant risks to exposed employees and for which technologically and economically feasible controls exist. State-of-the-art risk assessment methodologies will be utilized for both carcinogens and noncarcinogens, and the determinations of feasibility contained in the economic analysis accompanying the proposal will be extensive. OSHA published (61 FR 1947) the substances selected for proposed new PELs for the first update of the air contaminants rule: carbon disulfide, carbon monoxide, chloroform, dimethyl sulfate, epichlorohydrin, ethylene dichloride, glutaraldehyde, n-hexane, 2-hexanone, hydrazine, hydrogen sulfide, manganese and compounds, mercury and compounds, nitrogen dioxide, perchloroethylene, sulfur dioxide, toluene, toluene diisocyanate, trimellitic anhydride, and vinyl bromide. The specific hazards associated with the air contaminants preliminarily selected for regulation include cancer, neurotoxicity, respiratory sensitivity, etc. Using the same criteria as those used in the Priority Planning Process, OSHA evaluated each substance: severity of the health effect, the number of exposed workers, toxicity of the substance, uses and prevailing exposure levels of the substance, the potential risk reduction, availability and quality of information useful in quantitative risk assessment to ensure that significant risks are addressed and that workers will experience substantial benefits in the form of enhanced health and safety. Publication of the proposal will allow OSHA to institutionalize a mechanism for updating and extending its air contaminant limits, which will, at the same time, provide added protection to many workers who are currently being overexposed to toxic substances in the workplace. OSHA is also considering supplemental mechanisms proposed by stakeholders to increase the effectiveness of the process.

Timetable:

Action Date FR Cite

NPRM 09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: During the rulemaking, OSHA will meet with small business stakeholders to discuss their concerns, and will conduct an initial Regulatory Flexibility Screening Analysis to identify any significant impacts on a substantial number of small entities.

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125
Email: afinkel@dol.gov

RIN: 1218-AB54



1997. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS (PHASE I)

Priority: Other Significant

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 655(b); 5 USC 553

CFR Citation: 29 CFR 1910.107; 29 CFR 1910.108; 29 CFR 1910.94(c); 29 CFR 1910.94(d); 29 CFR 1910.35; 29 CFR 1910.36; 29 CFR 1910.37; 29 CFR 1910.38

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) adopted its initial package of workplace safety and health standards in the 1970's from various nationally recognized consensus standards and from standards that had already been promulgated by other Federal agencies. Section 6(a) of the Act permitted OSHA to adopt nationally recognized consensus standards, developed by groups such as the National Fire Protection Association (NFPA) and the American National Standards Institute (ANSI), and existing Federal standards for use as OSHA standards without public participation or public comment. Many of these 6(a) standards have been identified by the regulated community as being overly complex, difficult to read and follow, and out of date with current technology.

This project is part of a Presidential initiative to respond to the general criticism concerning the complexity and obsolescence of certain Federal regulations. OSHA believes that some of the Agency's section 6(a) standards in subpart E and subpart H of part 1910 meet the criteria for critical review set forth in the Presidential initiative. OSHA is initiating three separate rulemakings that will revise three of OSHA's most complex and out-of-date section 6(a) standards. These specific standards address means of egress (exit routes), spray finishing using flammable and combustible liquids; and dip tanks containing flammable and combustible liquids. 29 CFR 1910.107 and 1910.108, (spray finishing using flammable and combustible liquids and dip tanks, respectively) also contain substantive ventilation requirements that are duplicative with ventilation requirements contained in 29 CFR 1910.94, paragraphs (c) and (d). The purpose of these rulemakings is to simplify and clarify these standards and to write them in "plain language," as directed by the President's report.

Timetable:

Action Date FR Cite

NPRM Exit Routes (Means of Egress) 09/10/96 61 FR 47712
Hearing on Exit Routes 04/29/99 62 FR 9402
NPRM Dip Tanks 04/00/98
NPRM Spray Finishing 09/00/98
Final Action Exit Routes (Means of Egress) 12/00/98

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: Means of Egress, 29 CFR 1910 subpart E, Spray Finishing Using Flammable and Combustible Materials, 29 CFR 1910.107, Dip Tanks Containing Flammable and Combustible Liquids, 29 CFR 1910.108 are three standards selected by OSHA for plain language revision under a Presidential Initiative. 29 CFR 1910.94(c) will be combined with 29 CFR 1910.107 to eliminate duplicative standards, as will 29 CFR 1910.94(d) and 29 CFR 1910.108.

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477
Email: jmartonik@dol.gov

RIN: 1218-AB55



1998. NATIONALLY RECOGNIZED TESTING LABS PROGRAMS: FEES

Priority: Substantive, Nonsignificant

Legal Authority: 31 USC 9701; 29 USC 653; 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.7

Legal Deadline: None

Abstract: A number of OSHA standards require that certain products and equipment used in the workplace be tested and certified by a laboratory that has been recognized and accredited by OSHA. Through the Nationally Recognized Testing Laboratory (NRTL) Program to date, OSHA has recognized 14 laboratories operating approximately 36 sites in the U.S. and Canada as NRTLs. OSHA is proposing to revise 29 CFR 1910.7 to allow OSHA to charge fees to NRTLs for services that are provided to the NRTLs. The fees will be computed on the basis of the cost of the services to the Government. In determining the amount of such fees, OSHA will follow the guidelines established by the Office of Management and Budget in Circular Number A-25.

Timetable:

Action Date FR Cite

NPRM 12/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Steven Witt, Director, Directorate of Technical Support, Department of Labor, Occupational Safety and Health Administration, 200 Constituion Avenue NW., Room N-3653, FP Building, Washington, DC 20210
Phone: 202 219-7056

RIN: 1218-AB57



1999. FLAMMABLE AND COMBUSTIBLE LIQUIDS

Priority: Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 655(b); 5 USC 553

CFR Citation: 29 CFR 1910.106

Legal Deadline: None

Abstract: This project responds to a presidential initiative of March 1995 to revise confusing or overly detailed standards by rewriting them in plain language. With this project, OSHA is initiating rulemaking that will revise the regulations contained in 29 CFR 1910.106 addressing flammable and combustible liquid storage. The purpose of this rulemaking will be to solicit public participation in the revision of this standard into plain language.

Timetable:

Action Date FR Cite

NPRM 08/00/98

Small Entities Affected: None

Government Levels Affected: None

Additional Information: The Flammable and Combustible Liquids Plain Language Revision Project 29 CFR 1910.106 was originally one of four projects listed under RIN 1218-AB55.

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB61



2000. FALL PROTECTION IN THE CONSTRUCTION INDUSTRY

Priority: Other Significant

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

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: OSHA is considering a revision of its existing standards for fall protection in construction to expand coverage to telecommunication towers and tanks and other construction operations; to eliminate certain paperwork requirements and to make editorial revisions. OSHA is also considering raising a number of issues that may lead to further changes to the fall protection rules as they now apply to roofing work, residential construction operations, climbing reinforcement steel and to vendors delivering materials (for example, roofing materials). The Federal Register notice will raise issues that have arisen since OSHA last revised the fall protection standard for construction workers in August 1994.

Timetable:

Action Date FR Cite

NPRM 06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3306, FP Building,
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB62



2001. REVOCATION OF CERTIFICATION RECORDS FOR TESTS, INSPECTIONS, AND TRAINING

Priority: Other Significant

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

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

Legal Deadline: None

Abstract: OSHA is proposing to revoke certain requirements for employers to prepare and maintain records (certification records) which certify that employers have performed certain tests or inspections of equipment or machinery or that the employer has conducted certain training specified in the standards. The purpose of proposing to revoke these certification records is to minimize the paperwork burdens imposed on employers. OSHA does not believe there will be any reduction in employee safety and health as a result of reducing requirements to fill out and maintain certification records.

Timetable:

Action Date FR Cite

NPRM 06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John F. Martonik, Acting Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 202l0
Phone: 202 219-8061
Fax: 202 219-7477
Email: jmartonik@dol.gov

RIN: 1218-AB65



2002. • REQUIREMENT TO PAY FOR PERSONAL PROTECTIVE EQUIPMENT

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Generally, OSHA standards require that personal protective equipment (PPE) be provided and used when necessary to protect employees from hazards which can cause them injury or physical harm. The Agency is proposing to revise its PPE standards to clarify who is required to pay for such PPE.

Timetable:

Action Date FR Cite

NPRM 06/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building,
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB77



2003. • CONSULTATION AGREEMENTS

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 570(c)

CFR Citation: 29 CFR 1908

Legal Deadline: None

Abstract: This proposed amendment to 29 CFR 1908 is intended to provide for full employee involvement in the consultative process in line with the President's directive to enhance worker participation in the 7(c)(1) consultation program, (The New OSHA: Reinventing Worker Safety and Health, May 1995).

Timetable:

Action Date FR Cite

NPRM 11/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Paula O. White, Director, Directorate of Federal State Operations, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3700, FP Building,
Washington, DC 20210
Phone: 202 219-7251

RIN: 1218-AB79



DEPARTMENT OF LABOR (DOL) Final Rule Stage
Occupational Safety and Health Administration (OSHA)



2004. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 104-4.

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

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: In January 1998, OSHA published the final respiratory protection standard, except for the reserved provision on assigned protection factors, which are numbers that estimate the degree of performance of the various classes of respirators. OSHA has developed a statistical model for analyzing available data to be used to derive APFs. Accordingly, OSHA will request further public comment on the analyses conducted using that model, the ANSI Z88.2-1992 APFs, the NIOSH Respirator Decision Logic APFs, and other relevant methodologies for deriving APFs to make certain that public input is received and fully considered before final APFs are incorporated. OSHA expects to complete the rulemaking on APFs in 1998.

47 FR 20803
Timetable:

Action Date FR Cite

ANPRM 05/14/82
ANPRM Comment Period End 09/13/82
NPRM 11/15/94 59 FR 58884
Final Action 01/08/98 63 FR 1152
Final Action Effective 01/08/98
Final Assigned Protection Factors 12/00/98

Small Entities Affected: None

Government Levels Affected: State, Local, Tribal, Federal

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Ave. NW., Rm N3718, FP Bldg., Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AA05



2005. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR ACETATES: PROTECTING REPRODUCTIVE HEALTH

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

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 Substance 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. OSHA is working toward promulgation of a final rule in 1998.

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 12/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AA84



2006. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES (SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority: Other Significant

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904; 29 CFR 1952.4

Legal Deadline: None

Abstract: Over the years, concerns about the reliability and utility of injury and illness data derived from the employer-maintained OSHA records have been raised by Congress, the National Institute for Occupational Safety and Health (NIOSH), the Bureau of Labor Statistics (BLS), the National Academy of Sciences, the Office of Management and Budget (OMB), the General Accounting Office, business, and labor, as well as OSHA. In the late 1980s, to facilitate national policy dialogues, OSHA contracted with Keystone Center to bring together representatives of industry, labor, government, and academia in a year-long effort to discuss problems with OSHA's injury and illness recordkeeping system. Keystone issued a report with specific recommendations on how to improve the system. Early in 1996, OSHA held several meetings with stakeholders from business, labor, and government in order to obtain feedback on a draft OSHA recordkeeping proposal and to gather related information. As a result of these efforts, OSHA published a Notice of Proposed Rulemaking (NPRM) in the February 2, 1996 Federal Register that contained revised recordkeeping requirements, new recordkeeping forms, and new interpretive material. The stated goals of the NPRM were to improve the Nation's injury and illness statistics, simplify the injury and illness recordkeeping system, and reduce the burden of the new rule on employers. Benefits will include: (1) a system that is more compatible with modern computer technology and is easier for employers, employees and government to use; (2) more reliable and useful records; (3) for the first time, comprehensive injury and illness records for construction sites; and (4) greater employee involvement in and awareness of safety and health matters. The original 90-day public comment period was extended another 60 days and ended July 1, 1996. In addition, two public meetings were held in Washington, DC (March 26-29 and April 30-May 1). Over 450 sets of comments were entered into Docket R-02, along with 1200 pages of input derived from nearly 60 presentations given at the public meetings.

OSHA is now planning to issue a final rule that incorporates changes based upon an analysis of the comments and testimony received during the public comment period discussed above.

Timetable:

Action Date FR Cite

NPRM 02/02/96 61 FR 4030
NPRM Comment Period End 07/02/96
Final Action 03/00/99
Final Action Effective 01/01/00

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected: All

Agency Contact: Ruth McCully, Acting Information Technology Coordinator, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3507, FP Building,
Washington, DC 20210
Phone: 202 219-6463

RIN: 1218-AB24



2007. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK SAFETY TRAINING)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.178; 29 CFR 1915.120; 29 CFR 1917.43; 29 CFR 1918.77; 29 CFR 1926.602

Legal Deadline: None

Abstract: Operation of powered industrial trucks, such as forklifts, is the second leading cause of fatalities in the private sector, second only to highway vehicle fatalities. On average, there are 107 fatalities and 38,330 injuries annually in the workplace.

The present standard has proven to be ineffective in reducing the number of accidents involving powered industrial trucks. As a result, there has been strong Congressional interest that OSHA issue a new standard to more effectively address this hazard. 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 vehicle operator's 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. This rule will apply to general industry, the maritime industries and construction.

61 FR 3092
Timetable:

Action Date FR Cite

NPRM 03/14/95 60 FR 13782
NPRM Second and Hearing 01/30/96
NPRM Comment Period End 08/15/96
Final Action 09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB33



2008. PERMIT REQUIRED CONFINED SPACES (GENERAL INDUSTRY: PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.146

Legal Deadline: None

Abstract: OSHA issued a final standard governing employee entry into confined spaces in general industry on January 14, 1993 (58 FR 4462). The standard was challenged by a number of parties including the United Steelworkers of America. OSHA reached a settlement agreement with the steelworkers in June 1994. As part of this settlement agreement, OSHA issued a proposal on November 28, 1994 (59 FR 60735) to clarify paragraph (k) of the rule, Rescue and Emergency Services. OSHA also proposed to allow more flexibility in the point of retrieval line attachment and asked whether the standard should provide affected employees or their representatives with the opportunity to observe the evaluation of confined spaces, including atmospheric testing, and to have access to evaluation results. Hearings were held September 27-28, 1995. The post hearing comment period ended on December 20, 1995. In February 1996, the record was closed. The final rule is expected to be issued in June 1998.

Timetable:

Action Date FR Cite

NPRM 11/28/94 59 FR 60735
NPRM Comment Period End 02/27/95
Final Action 06/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building,
Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB52



2009. STANDARDS IMPROVEMENT PROJECT

Priority: Other Significant

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will eliminate existing text in the CFR.

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 40 USC 333

CFR Citation: 29 CFR 1910; 29 CFR 1926

Legal Deadline: None

Abstract: OSHA has made a continuing effort to eliminate confusing, outdated, and duplicative regulations. In 1978 and again in 1984, the Agency conducted comprehensive revocation and revision projects that resulted in the elimination of hundreds of unnecessary rules. In 1995, OSHA developed a list of standards it proposed to revoke or revise. These standards were deemed to be out of date, duplicative, inconsistent with other OSHA standards, or preempted by the regulations of other Federal agencies. The agency began this process in March 1996 by revoking various non-substantive provisions that the Agency believed were unnecessary or ineffective in protecting worker health or safety. The Agency followed up this effort by issuing a final and a proposed rule addressing substantive changes. The first of these, issued on June 20, 1996, eliminated duplicative standards by replacing them with cross references to eliminate any possible confusion and to reduce the volume of the rules. The second one, published on July 22, 1996, proposed to reduce the burden imposed on employers by selected medical surveillance provisions of existing rules, change the emergency-response provisions of the vinyl chloride standard, and eliminate a number of duplicative or unnecessary provisions. A final rule addressing these changes will be issued in 1998. This Standards Improvement Project had two other components: elimination of requirements and appendices associated with the Agency's Longshoring and Marine Terminals Standards (completed in July 1997) and revision and streamlining of the Agency's respirator standard and appendices, which was completed in January 1998.

Timetable:

Action Date FR Cite

Final - Miscellaneous Minor & Technical
     Amendments
03/07/96 61 FR 9228
NPRM - Consolidation of Repetitive Provisions;
    Technical Amendments
06/20/96 61 FR 31427
NPRM - Miscellaneous Changes to General Industry &
    Construction Standards
07/22/96 61 FR 37849
Final - Longshoring 07/25/97 62 FR 40141
FINAL Miscellaneous Changes 06/00/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB53



DEPARTMENT OF LABOR (DOL) Long-Term Actions
Occupational Safety and Health Administration (OSHA)

2010. SCAFFOLDS IN SHIPYARDS (PART 1915--SUBPART N) (PHASE I) (SHIPYARDS: SAFER SCAFFOLDS)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

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

CFR Citation: 29 CFR 1915.71

Legal Deadline: None

Abstract: During the 1980s, OSHA embarked on a project to update and consolidate the various OSHA standards that were applied in the shipbuilding, shiprepair, and shipbreaking industry. Shipyard employers have been subject to both shipyard and general industry standards. This sometimes resulted in inconsistent and contradictory requirements for essentially the same operation.

Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action was endorsed by the Shipyard Advisory Committee which was chartered in 1989 to update and consolidate existing shipyard standards.

This particular regulatory action will revise the existing shipyard employment standards covering scaffolds and will consolidate all related and applicable 29 CFR part 1910 provisions. It 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 10/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AA68



2011. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE I) (SHIPYARDS: EMERGENCY EXITS AND AISLES)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

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: In the 1980s, OSHA embarked on a project to update and consolidate OSHA standards that applied to the shipbuilding, shiprepair, and shipbreaking industry. Shipyard employers have been subject to both the "shipyard" standards and OSHA's general industry standards. This has sometimes resulted in inconsistent, and sometimes contradictory, requirements for essentially the same operation. Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six subparts (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action was endorsed by the Shipyard Advisory Committee which was chartered in 1989 to update and consolidate existing shipyard standards.

This particular standard 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. 75,000 workers are potentially exposed to these hazards annually.

Timetable:

Action Date FR Cite

NPRM 11/29/88 53 FR 48130
NPRM Comment Period End 02/27/89
Final Action 10/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AA70



2012. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE OPERATIONS (PART 1910)

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); PL 101-549 (November 15, 1990); 5 USC 552(a); 5 USC 553

CFR Citation: 29 CFR 1910.121, subpart H

Legal Deadline: None

Abstract: The Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499) established the criteria under which OSHA should develop and promulgate the Hazardous Waste Operations and Emergency Response standard. OSHA issued an interim final standard on December 19, 1986 (51 FR 45654) to comply with the law's requirements. OSHA issued a permanent final rule for provisions on training to replace this interim rule on March 9, 1989 (29 CFR 1910.120). On December 22, 1987, as part of an omnibus budget reconciliation bill (PL 100-202), section 126(d)(3) of SARA was amended to include accreditation of training programs for hazardous waste operations. OSHA issued a proposal on January 26, 1990 (55 FR 2776) addressing this issue. OSHA held a public comment period following the issuance of the proposal and held a limited reopening of the public record in June 1992 to allow additional public comment on an effectiveness of training study conducted by OSHA. OSHA has also developed nonmandatory guidelines to further address minimum training criteria.

Timetable:

Action Date FR Cite

NPRM 01/26/90 55 FR 2776
NPRM Comment Period End 04/26/90
Final Action 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Bldg, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB27



2013. PREVENTION OF WORK-RELATED MUSCULOSKELETAL DISORDERS

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 651; 29 USC 652; 29 USC 655; 29 USC 657; 33 USC 941; 40 USC 333

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

Legal Deadline: None

Abstract: Work-related musculoskeletal disorders (MSDs) are a leading cause of pain, suffering, and disability in American workplaces. Since the 1980's, the Occupational Safety and Health Administration (OSHA) has had a number of initiatives related to addressing these problems, including enforcement under the general duty clause, issuance of guidelines for the meatpacking industry, and development of other compliance-assistance materials.

Ultimately, the Agency decided that, given the increasing magnitude of the problem, a regulatory approach should be explored to ensure that the largest possible number of employers and employees become aware of the problems and ways of preventing work-related musculoskeletal disorders. An open process to develop and consider regulatory alternatives was initiated with the publication of an advance notice of proposed rulemaking on August 3, 1992 (57 FR 34192). About 300 comments were received in response to that request. In addition to the public comments, OSHA has examined and analyzed the extensive scientific literature documenting the problem of work-related musculoskeletal disorders, the causes of the problem, and effective solutions; conducted a telephone survey of over 3,000 establishments regarding their current practices to prevent work-related musculoskeletal disorders; and completed a number of site visits to facilities with existing programs. The Agency has also held numerous stakeholder meetings to solicit input from individuals regarding the possible contents of a standard to prevent work-related musculoskeletal disorders, and on a draft proposed regulatory text and supporting documents. Agency representatives have delivered numerous outreach presentations to people who are interested in this subject; consulted professionals in the field to obtain expert opinions on various aspects of the options considered by the Agency; and field-tested certain requirements under consideration for the standard. Information obtained from these activities is undergoing Agency review. Options for regulatory action are being considered.

The Agency believes that the scientific evidence supports the need for a standard and that the availability of effective and reasonable means to control these hazards has been demonstrated. The criteria that have been developed for setting OSHA priorities support the Agency's determination that action is needed now to reduce the incidence of work-related musculoskeletal disorders. The Agency is currently considering options to develop a proposed rule for ergonomics. The National Institute for Occupational Safety and Health (NIOSH) has recently issued a report evaluating the scientific basis for the relationship of workplace stressors to MSDs. The report concludes that such a relationship exists for many stressors.

Timetable:

Action Date FR Cite

ANPRM 08/03/92 57 FR 34192
ANPRM Comment Period End 02/01/93
NPRM 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB36



2014. INDOOR AIR QUALITY IN THE WORKPLACE

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: OSHA was petitioned in March 1987 by Action on Smoking and Health (ASH), Public Citizen, and the American Public Health Association to issue an emergency temporary standard on environmental tobacco smoke (ETS) in the workplace. In March 1992, OSHA was petitioned by the AFL-CIO to establish workplace IAQ standards. In December 1992, ASH again petitioned for rulemaking on ETS. In January OSHA began rulemaking to address the hazards of exposure to ETS and IAQ issues.

Every day, more than 20 million American workers face an unnecessary health threat because of indoor air pollution in the workplace. Thousands of heart disease deaths, hundreds of lung cancer deaths, respiratory disease, Legionnaire's disease, asthma, and other ailments are estimated to be linked to this occupational hazard. Further, America's workers are at risk of developing thousands of upper respiratory symptoms and headaches from poor indoor air quality (IAQ). EPA estimates that 20 to 35 percent of all workers in modern mechanically ventilated buildings may experience air-quality problems.

After reviewing and analyzing available information, OSHA published a proposed rule on April 5, 1994. The proposal would require employers to write and implement indoor air quality compliance plans that would include inspection and maintenance of current building ventilation systems to ensure they are functioning as designed. In buildings where smoking is allowed, the proposal would require designated smoking areas that would be separate, enclosed rooms where the air would be exhausted directly to the outside. Other proposed provisions would require employers to maintain healthy air quality during renovation, remodeling and similar activities. The provisions for indoor air quality would apply to 70 million workers and more than 4.5 million nonindustrial indoor work environments, including schools and training centers, offices, commercial establishments, health care facilities, cafeterias and factory break rooms. ETS provisions would apply to all 6 million industrial and nonindustrial work environments under OSHA jurisdiction. OSHA preliminarily estimates that 5,583 to 32,502 cancer deaths and 97,700 to 577,818 coronary heart diseases related to occupational exposure to ETS will be prevented over the next 45 years. This represents 140 to 722 cancer deaths and 2,094 to 13,001 heart diseases each year. OSHA preliminarily estimates that the proposed standard will prevent 4.5 million upper respiratory problems over the next 45 years.

Timetable:

Action Date FR Cite

Request for Information 09/20/91 56 FR 47892
NPRM 04/05/94 59 FR 15968
NPRM Comment Period End 08/13/94 59 FR 30560
Comment Period End 08/13/94
Final Action 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB37



2015. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING OCCUPATIONAL ILLNESS: CHROMIUM)

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 104-4.

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: In July 1993, the Occupational Safety and Health Administration (OSHA) was petitioned for an emergency temporary standard (ETS) to reduce the permissible exposure limit (PEL) for occupational exposures to hexavalent chromium. The Oil, Chemical, and Atomic Workers International Union (OCAW) and Public Citizen's Health Research Group (HRG) petitioned OSHA to promulgate an ETS to lower the PEL for chromium (CrVI) compounds to 0.5 micrograms per cubic meter of air (ug/m3) as an eight-hour, time-weighted average (TWA). This represents a significant reduction in the current PEL. The current PEL in general industries is found in 29 CFR 1910.1000 Table Z and is a ceiling value of 100 ug/m3 for "Chromic acid and chromates (as CrO3)." These are measured as chromium (VI) and reported as chromic anhydride (CrO3). The amount of chromium in the compound equates to a PEL of 52 ug/m3 of chromium (VI) measured and reported as chromium (VI). This ceiling limit applies to all forms of hexavalent chromium (VI) including chromic acid and chromates, lead chromate, and zinc chromate. The current PEL for chromium (VI) in the construction industry is 100 ug/m3 as a TWA PEL, which also equates to a PEL of 52 ug/m3.

The major illnesses associated with occupational exposures to hexavalent chromium are lung cancer and dermatoses. OSHA estimates that approximately one million workers are exposed to hexavalent chromium on a regular basis in all industries. The major uses of hexavalent chromium are: as a structural and anti-corrosive element in the production of stainless steel, ferrochromium, iron and steel, and in electroplating, welding, and painting. After reviewing the petition, OSHA denied the request for an ETS and initiated a section (6)(b) rulemaking. Work on a proposed rule continues.

Timetable:

Action Date FR Cite

NPRM 09/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB45



2016. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 104-4.

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1035

Legal Deadline: None

Abstract: On August 25, 1993, the Occupational Safety and Health Administration (OSHA) was petitioned by the Labor Coalition to Fight TB in the Workplace to initiate rulemaking for a permanent standard to protect workers against occupational transmission of tuberculosis (TB). Although the Centers for Disease Control and Prevention (CDC) have developed recommendations for controlling the spread of TB in several work settings (e.g., correctional institutions, health-care facilities, and homeless shelters), the petitioners stated that in every recent TB outbreak investigated by the CDC, noncompliance with CDC's TB control guidelines was evident. After reviewing the available information, OSHA has preliminarily concluded that significant risk of occupational transmission of TB exists for some workers and has initiated a 6(b) standard rulemaking. The Agency has developed a proposed rule that would require certain employers to take steps to eliminate or minimize employee exposure to TB. OSHA already regulates the biological hazard of bloodborne pathogens (e.g., HIV, hepatitis B) under 29 CFR 1910.1030 and believes that development of a TB standard is consistent with the Agency's mission and previous activity.

OSHA has consulted with parties outside of the Agency with regard to the developing proposal. The draft preliminary Risk Assessment was peer-reviewed by four individuals with specific knowledge in the areas of tuberculosis and risk assessment. In addition, OSHA has conducted stakeholder meetings with representatives of relevant professional organizations, trade associations, labor unions, and other groups. These meetings provided the opportunity for both general and frontline stakeholder representatives to present OSHA with their individual comments, observations, and concerns about the contents of a proposal. The proposal was also reviewed by and commented on by affected small business entities under the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) and reviewed by the Office of Management and Budget. In response to the consultations and reviews, OSHA made changes to improve the proposed standard.

The proposed standard was published in the Federal Register on October 17, 1997 (62 FR 54160). Informal public hearings have been scheduled to begin April 7, 1998 in Washington, DC; May 5 in Los Angeles, CA; May 19 in New York City; and June 2 in Chicago, IL.

Timetable:

Action Date FR Cite

SBREFA Panel 09/10/96
NPRM 10/17/97 62 FR 54160
NPRM Comment Period End 02/17/98 62 FR 65388
Final Action 00/00/00

Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local, Tribal, Federal

Additional Information: During the rulemaking, OSHA met with small business stakeholders to discuss their concerns, and conducted an initial Regulatory Flexibility Analysis to identify any significant impacts on a substantial number of small entities. In addition, OSHA is conducting a special study of homeless shelters and will designate certain hearing dates for persons who wish to testify on homeless shelter issues.

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB46



2017. CONFINED SPACES IN CONSTRUCTION (PART 1926) (CONSTRUCTION: PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1926.36

Legal Deadline: None

Abstract: In January 1993, OSHA issued a general industry rule on preventing suffocation/explosions in confined spaces (58 FR 4462). This standard does not apply to the construction industry because of differences in the nature of the worksite. In discussions with the United Steel Workers of America on a settlement agreement for the general industry standard, OSHA agreed to issue a proposed rule to extend the protection to construction workers, appropriate to their work environment. One million construction workers are exposed to this hazard annually. OSHA intends to issue a proposed rule addressing this construction industry hazard in the spring of 1999, after extensive discussion with the Advisory Committee on Construction Safety and Health and other stakeholders.

Timetable:

Action Date FR Cite

NPRM 04/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Construction Standards, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3306, FP Building, Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB47



2018. GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915, SUBPART F) (PHASE II) (SHIPYARDS: GENERAL WORKING CONDITIONS)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

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: During the 1980s, OSHA embarked on a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, shiprepair, and shipbreaking industry. Shipyard employers have been subject to both the "shipyard" standards and OSHA's general industry standards for landside operations. This has sometimes resulted in inconsistent and contradictory requirements for essentially the same operation. Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action was endorsed by the Shipyard Advisory Committee, which was chartered in 1989 to update and consolidate existing shipyard standards. The operations that are addressed in this rulemaking relate to housekeeping, illumination, sanitation, first aid, and lockout/ tagout. About 75,000 workers are exposed annually to these hazards.

Timetable:

Action Date FR Cite

NPRM 10/00/99

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB50



2019. STANDARDS ADVISORY COMMITTEE ON METALWORKING FLUIDS

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)(1); 29 USC 656(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: In December 1993, the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) petitioned OSHA to take emergency regulatory action to protect workers from the risks of occupational cancers and respiratory illnesses due to exposure to metalworking fluids. OSHA sent an interim response to the UAW stating that the decision to proceed with rulemaking would depend on the results of the OSHA Priority Planning Process. Following the Priority Planning Process report, which identified metalworking fluids as an issue worthy of Agency action, the Assistant Secretary asked the National Advisory Committee on Occupational Safety and Health (NACOSH) for a recommendation about how to proceed with metalworking fluids. NACOSH unanimously recommended that OSHA form a Standards Advisory Committee (SAC) to address the health risks caused by occupational exposure to metalworking fluids. The Assistant Secretary accepted the recommendation of NACOSH; OSHA has established a 15-member SAC to make recommendations regarding a standard, a guideline, or other appropriate response to the dangers of occupational exposures to metalworking fluids. The Committee has a balanced membership, including individuals appointed to represent the following affected interests: industry; labor; federal and state safety and health organizations; professional organizations; and national standards-setting groups.

Timetable:

Action Date FR Cite

Appointed Names 10/00/99
Charter Approved 08/15/97
First Meeting of Committee 09/02/97
Recommendations 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: The Agency is particularly concerned with the potential impact a metalworking fluids rule would have on small businesses. OSHA has been working closely with the Small Business Administration to reach small employers to involve them in the process at the earliest possible time. At least 30 small business interests have been identified to date. Small business interests are represented on the SAC.

Agency Contact: Adam M. Finkel, Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB58



2020. PLAIN LANGUAGE REVISION OF EXISTING STANDARDS (PHASE II)

Priority: Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will eliminate existing text in the CFR.

Legal Authority: 29 USC 655(b); 5 USC 553

CFR Citation: 29 CFR 1910.219; 29 CFR 1910.241-244

Legal Deadline: None

Abstract: OSHA has identified two standards from part 1910 that need to be revised as part of the President's initiative on Federal regulations discussed in the U.S. Department of Labor Report of June 15, 1995. These standards include 29 CFR 1910.219, Mechanical Power-Transmission Apparatus and 29 CFR 1910, subpart P, Hand and Portable Powered Tools and Other Hand-Held Equipment. OSHA intends to issue two separate rules that will address the following specific sections: Mechanical power-transmission apparatus guarding and maintenance and hand and portable powered tools guarding, use and maintenance. OSHA is developing plain language versions of each of these standards.

Timetable:

Action Date FR Cite

NPRM Mechanical Power-Transmission Apparatus 00/00/00
NPRM - Hand and Portable Powered Tools and Other Hand-Held     Equipment 08/15/97

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John F. Martonik, Acting Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477
Email: jmartonik@dol.gov

RIN: 1218-AB66



2021. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 1926.97; 29 CFR 1926.950 to 968

Legal Deadline: None

Abstract: The annual fatality rate for power line workers is over 50 deaths per 100,000 employees. The standard addressing the safety of these workers during the construction of electric power transmission and distribution lines is over 20 years old. OSHA is developing a revision of this standard that will prevent many of these fatalities, that will add flexibility to the standard, and that will update and streamline the standard. In addition, the corresponding standard for general industry will be revised so that requirements for similar work performed during maintenance of electric power transmission and distribution installations are the same as those for construction.

Timetable:

Action Date FR Cite

NPRM 06/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210
Phone: 202 219-8061
Fax: 202 219-7477

RIN: 1218-AB67



2022. SAFETY STANDARDS FOR SCAFFOLDS USED IN THE CONSTRUCTION INDUSTRY -- PART II

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1926.450; 29 CFR 1926.451; 29 CFR 1926.452; 29 CFR 1926.453; 29 CFR 1926.454

Legal Deadline: None

Abstract: Since the promulgation of a final rule for scaffolds used in construction in August 1996, several issues have been raised that require reevaluation of certain requirements and the possible need to add new requirements to address concerns not addressed in the present standard. These issues include: (1) access to platforms where decking extends past the ends of the scaffold; (2) changing the minimum width for roof brackets to less than 12 inches; (3) changing the grounding requirements during welding operations; (4) requiring the use of scaffold grade planks. This rulemaking action will address these issues.

Timetable:

Action Date FR Cite

NPRM 04/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3306, FP Building, Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599
Email: bswanson@dol.gov

RIN: 1218-AB68



2023. SAFETY AND HEALTH PROGRAMS FOR CONSTRUCTION

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: In response to industry requests and OSHA's Advisory Committee on Construction Safety and Health (ACCSH) recommendation, OSHA has determined that the current safety and health program standards contained in subpart C of the construction standards, 29 CFR 1926, need to be revised to provide construction employers with a more comprehensive set of requirements to assist them in establishing safety and health programs. Safety and Health programs have proven to be an effective, systematic method of identifying and correcting existing workplace safety and health hazards, as well as preventing those that might arise in the future.

The ACCSH has been working to revise the existing construction standards for safety and health programs and training since 1986. After the April 1996 meeting, ACCSH began in earnest to develop language and concepts to submit to OSHA for consideration as the proposed rule. Over 130 stakeholders representing small, medium and large contractors and host employers (such as petroleum producers; contractor associations; labor unions; other governmental agencies; and non-profit institutions) have participated in these ACCSH discussions.

Although the details of a new safety and health program standard are still being worked out, the safety and health program requirements will require employers to set up a program for managing workplace safety and health in order to reduce the incidence of occupational deaths, injuries, and illnesses. The standard will not impose duties on employers to control hazards that they are not already required to control. Instead, the standard will provide a basic framework for systematically identifying and controlling workplace hazards already covered by the OSH Act under section 5(a)(1) and current OSHA standards.

Timetable:

Action Date FR Cite

NPRM 10/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: Separate standards are being developed for general industry (29 CFR 1910) and the maritime (29 CFR 1915, 1917 and 1918) industries.

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3306, FP Building,
Washington, DC 20210
Phone: 202 219-8644

RIN: 1218-AB69



2024. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: In 1994, OSHA initiated the Priority Planning Process. This process was aimed at identifying the top priority safety and health hazards. Crystalline silica was one of the priorities designated by this process for rulemaking. OSHA stated that crystalline silica would be added to OSHA's regulatory calendar as other standards were completed and resources became available. Silica exposure remains a serious threat to nearly 2 million U.S. workers including more than 100,000 in high risk jobs, including sandblasters, foundry workers, stonecutters, rock drillers, quarry workers and tunnelers. The seriousness of the health hazard is indicated by continuing deaths from accelerated silicosis in sandblasters and rock drillers and by recent studies which demonstrate a statistically significant increase in lung cancer among silica-exposed workers. In October 1996, the International Agency for Research on Cancer classified crystalline silica as "carcinogenic to humans." Exposure studies indicate that some workers are still exposed to very high levels. While OSHA currently has a permissible exposure limit for crystalline silica (10 mg/m3 divided by the percent of silica in the dust + 2, respirable dust and 30 mg/m3 divided by the percent of silica in the dust + 2, total dust), over 30% of OSHA-collected silica samples from 1982 through 1991 exceeded it. Additionally, recent studies suggest that the current OSHA standard is insufficient to protect against silicosis. For example, a recent study concluded that a 45-year exposure under the current OSHA standard would lead to a lifetime risk of silicosis of 35% to 47%. OSHA plans to publish a proposed rule on crystalline silica because the agency has concluded that there will be no significant progress in the prevention of silica-related diseases without the adoption of a full and comprehensive silica standard, including provisions for product substitution, engineering controls, training and education, respiratory protection and medical screening and surveillance. A full standard will improve worker protection, ensure adequate prevention programs, and further reduce silica-related diseases.

Timetable:

Action Date FR Cite

NPRM 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam Finkel, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB70



2025. CONTROL OF HAZARDOUS ENERGY (LOCKOUT) IN CONSTRUCTION (PART 1926) (PREVENTING CONSTRUCTION INJURIES/FATALITIES; LOCKOUT)

Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: OSHA issued a general industry rule on September 1, 1989 (54 FR 36644) to address the hazards posed to workers by the failure to control hazardous energy (i.e., the failure to properly lock out or tag out machines and equipment) during repair and servicing activities. OSHA has not yet issued a standard to prevent these accidents during equipment repair and maintenance activities in the construction industry. Four million workers annually may be exposed to this hazard in construction workplaces. As a result, OSHA intends to issue a proposal to address this hazard in this industry. 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 the types of machines and equipment found in construction; the makeup of the industry (i.e., employment is relatively "short term," lasting only as long as the length of the current project); multiple employers having different employer/employee relationships are present at the same site; and "in-the-field" maintenance activity is usually temporary.

Timetable:

Action Date FR Cite

NPRM 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3306, FP Building,
Washington, DC 20210
Phone: 202 219-8644
Fax: 202 219-6599

RIN: 1218-AB71

2026. • OCCUPATIONAL EXPOSURE TO BERYLLIUM

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b); 29 USC 657

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Beryllium is a lightweight metal that is used for nuclear weapons, for atomic energy, for metal alloys such as beryllium-copper and beryllium-aluminum. The metal alloys are found in sectors for dental appliances, golf clubs, non-sparking tools, wheel chairs, etc. Beryllium is also used in the ceramics industry. The current permissible exposure limits for beryllium are: an 8-hour TWA of 2 ug/ m3; a 5 ug/m3 ceiling concentration not to be exceeded over a 30 minute period; a 25 ug/m3 maximum peak exposure never to be exceeded. In 1977, OSHA proposed to reduce the 8-hour TWA exposure to beryllium from 2 ug/m3 to 1 ug/m3 based on evidence that beryllium caused lung cancer in exposed workers. A hearing followed the proposal, but a final standard was never published. Since the previous OSHA hearing, NIOSH has updated its studies on beryllium exposed workers. The study results again demonstrate a significant excess of lung cancer among exposed workers. The International Agency for Research on Cancer (IARC), has concluded that beryllium is a lung carcinogen to humans.

In addition to lung cancer, a new OSHA beryllium standard would address chronic beryllium disease (CBD), a fatal disease involving lung fibrosis and other organ toxicity. Based on several recent studies involving workers employed in the beryllium ceramics industry, in beryllium production, and in Department of Energy facilities, there is no evidence that very low level beryllium exposure (less than 0.5 ug/ m3) may cause CBD. A recent (1997) study from Japan concludes that the level necessary to protect workers from developing CDB cannot exceed 0.01 ug/m3. A new medical surveillance tool is now available that allows for the early detection of workers with CBD prior to any signs of clinical disease or symptoms. Beryllium-sensitized workers convert to CBD at an estimated rate of about 10% per year. This "beryllium sensitization" test is being used in clinical studies of current and past exposed workers. Recent study results indicate that between 5% and 15% of beryllium-exposed workers are sensitized and will eventually develop CBD. In 1997, DOE issued interim guidelines to protect beryllium-exposed workers at all DOE facilities. The guidelines include provisions for exposure monitoring, medical surveillance and relocation of beryllium-sensitized workers.

These guidelines, however, do not affect workers outside DOE facilities. Thus, OSHA needs to initiate rulemaking to protect beryllium-exposed workers from contracting CBD and lung cancer.

Timetable:

Action Date FR Cite

NPRM 00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Adam M. Finkel, Director, Directorate of Health Standards, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210
Phone: 202 219-7075
Fax: 202 219-7125

RIN: 1218-AB76



2027. • CONSOLIDATION OF RECORDS MAINTENANCE REQUIREMENTS IN OSHA STANDARDS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 40 USC 333; 29 USC 655; 33 USC 941; 5 USC 553

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

Legal Deadline: None

Abstract: OSHA is initiating a rulemaking to simplify and consolidate many of its requirements for employers to maintain records of training, testing, medical surveillance, and other activities conducted to comply with OSHA health and safety standards. These records maintenance requirements appear in many OSHA standards and are codified at 29 CFR 1910 (General Industry), 29 CFR 1915-1918 (Maritime), 29 CFR 1926 (Construction), and 29 CFR 1928 (Agriculture). The final rule, when published, will facilitate compliance with these requirements and reduce the amount of paperwork associated with these records, but will leave employee protections unchanged.

Timetable:

Action Date FR Cite

NPRM 09/00/99

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marthe B. Kent, Acting Deputy Director, Directorate of Policy, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3641, Washington, DC 20210
Phone: 202 219-4690
Fax: 202 219-4383

RIN: 1218-AB78



DEPARTMENT OF LABOR (DOL) Completed Actions
Occupational Safety and Health Administration



2028. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS (PART 1910) (SLIPS, TRIPS, AND FALL PREVENTION)

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements.

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.21; 29 CFR 1910.22; 29 CFR 1910.23; 29 CFR 1910.24; 29 CFR 1910.25; 29 CFR 1910.26; 29 CFR 1910.27; 29 CFR 1910.28; 29 CFR 1910.29; 29 CFR 1910.30; 29 CFR 1910.31; 29 CFR 1910.32; 29 CFR 1910.128; 29 CFR 1910.129; 29 CFR 1910.130; ...

Legal Deadline: None

Abstract: OSHA has had under consideration standards for walking and working surfaces and personal fall protection systems. OSHA is withdrawing its proposed rule for subpart D to focus on specific parts of that subpart in future rulemaking.

Timetable:

Action Date FR Cite

NPRM 04/10/90 55 FR 13360
NPRM Comment Period End 08/22/90
Hearing 09/00/99 55 FR 29224
Withdrawn 01/09/98

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Bldg., Washington, DC 20210
Phone: 202 219-8061

RIN: 1218-AB04



2029. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 5851; PL 102-486 sec 2902, 106 Stat 2776

CFR Citation: 29 CFR 24

Legal Deadline: None

Abstract: This regulation provides procedures for handling employee discrimination complaints under the following Federal statutes: Safe Drinking Water Act; Federal Water Pollution Control Act; Toxic Substances Control Act; Solid Waste Disposal Act; Clean Air Act; Energy Reorganization Act; and the Comprehensive Environmental Response, Compensation and Liability Act.

Timetable:

Action Date FR Cite

NPRM 03/16/94 59 FR 12506
NPRM Comment Period End 05/16/94
Final Action 02/09/98 63 FR 6614
Final Action Effective 03/11/98

Small Entities Affected: None

Government Levels Affected: Federal

Additional Information: The RIN for the present 29 CFR 24 is 1215-AA83. The new regulation makes three major changes: (1) an October 1992 amendment to the Energy Reorganization Act made several changes in the processing of complaints by employees of contractors for the NRC and DOE; (2) the Secretary designated the Administrative Review Board (on his behalf) to review decisions by ALJ under the Environmental Employee Protection Provisions; (3) the Secretary transferred responsibility for enforcement of these employee protection provisions from the Administrator of the Wage and Hour Division to the Assistant Secretary for the Occupational Safety and Health Administration.

Agency Contact: Thomas J. Buckley, Director, Office of Investigative Assistance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3468, FP Building, Washington, DC 20210
Phone: 202 219-8095
Fax: 202 219-9187
Email: tom.buckley@osha.gov

RIN: 1218-AB75

[FR Doc. 98-7563 Filed 04-24-98; 8:45 am]


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