Federal Registers - Table of Contents Federal Registers - Table of Contents
• Publication Date: 12/13/2004
• Publication Type: Unified Agenda
• Fed Register #: 69:73449-73482
• Title: Semiannual Regulatory Agenda.


NOTE: This section for the Department of Labor (OSHA)
is on pages 73200-73201


Occupational Safety and Health Administration -- Prerule Stage

Sequence
Number
Title Regulation Identification Number
2028 Occupational Exposure to Ethylene Oxide (Section 610 Review) 1218-AB60
2029 Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 99) 1218-AB70
2030 Occupational Exposure to Beryllium 1218-AB76
2031 Excavations (Section 610 Review) 1218-AC02
2032 Ionizing Radiation 1218-AC11
2033 Emergency Response and Preparedness 1218-AC17
2034 Lead in Construction (Section 610 Review) 1218-AC18

Occupational Safety and Health Administration -- Proposed Rule Stage

Sequence
Number
Title Regulation Identification Number
2035 Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness: Chromium) (Reg Plan Seq No. 100) 1218-AB45
2036 Confined Spaces in Construction (Part 1926): Preventing Suffocation/ Explosions in Confined Spaces 1218-AB47
2037 General Working Conditions for Shipyard Employment 1218-AB50
2038 Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67
2039 Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips, and Fall Prevention) 1218-AB80
2040 Cranes and Derricks 1218-AC01
2041 Explosives 1218-AC09

Occupational Safety and Health Administration -- Final Rule Stage

Sequence
Number
Title Regulation Identification Number
2042 Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection (Reg Plan Seq No. 101) 1218-AA05
2043 Longshoring and Marine Terminals (Parts 1917 and 1918) -- Reopening of the Record (Vertical Tandem Lifts (VTLs)) 1218-AA56
2044 Employer Payment for Personal Protective Equipment 1218-AB77
2045 Standards Improvement (Miscellaneous Changes) for General Industry, Marine Terminals, and Construction Standards (Phase II) (Reg Plan Seq No. 102) 1218-AB81
2046 Revision and Update of Subpart S -- Electrical Standards 1218-AB95
2047 Updating OSHA Standards Based on National Consensus Standards 1218-AC08
2048 Procedures for Handling Discrimination Complaints Under Section 6 of the Pipeline Safety Improvement Act of 2002 1218-AC12
2049 Oregon State Plan 1218-AC13
2050 Slip Resistance of Skeletal Structural Steel 1218-AC14
2051 Rollover Protective Structures; Overhead Protection 1218-AC15
2052 NFPA Standards in Shipyard Fire Protection 1218-AC16

Occupational Safety and Health Administration -- Long-Term Actions

Sequence
Number
Title Regulation Identification Number
2053 Hearing Conservation Program for Construction Workers 1218-AB89

Occupational Safety and Health Administration -- Completed Actions

Sequence
Number
Title Regulation Identification Number
2054 Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire Safety) 1218-AB51
2055 Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection 1218-AC05
2056 Procedures for Handling Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002 1218-AC10





2028. 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 ethylene oxide (ETO) standard in accordance with the requirements of the Regulatory Flexibility Act and section 5 of EO 12866. The review is considering 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 2005.


Timetable:

Action Date FR Cite

Begin Review
End Review
10/01/96
03/00/05
 


Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Smith, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov

RIN: 1218-AB60



2029. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Regulatory Plan: This entry is Seq. No. 99 in part II of this issue of the Federal Register.

RIN: 1218-AB70



2030. OCCUPATIONAL EXPOSURE TO BERYLLIUM

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the Paper Allied-Industrial, Chemical, and Energy Workers Union, Public Citizen Health Research Group and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage.

On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium including: current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected work sites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA is using this information to develop a proposed rule addressing occupational exposure to beryllium. OSHA plans to initiate the SBREFA process by January 2005.


Timetable:

Action Date FR Cite

Request for Information
Initiate SBREFA Process
11/26/02
01/00/05
67 FR 70707


Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB76



2031. EXCAVATIONS (SECTION 610 REVIEW)

Priority: Other Significant

Legal Authority: 29 USC 651 et seq; 5 USC 610

CFR Citation: 29 CFR 1926.650 to 1926.652

Legal Deadline: None

Abstract: OSHA has undertaken a review of the Agency's Excavations Standard (29 CFR 1926.650 to 1926.652) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review is considering the continued need for the rule, the impacts of the rule, public comments on the rule, the complexity of the rule, and whether the rule overlaps, duplicates, or conflicts with other regulations.


Timetable:

Action Date FR Cite

Begin Review
Request for Comments
Comment Period End
End Review
12/01/01
08/21/02
11/19/02
09/00/05

67 FR 54103


Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Smith, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov

RIN: 1218-AC02



2032. IONIZING RADIATION

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is considering amending 29 CFR 1910.1096 that addresses exposure to ionizing radiation. The OSHA regulations were published in 1974, with only minor revisions since that time. The Department of Energy and the Nuclear Regulatory Commission both have more extensive radiation standards that reflect new technological and safety advances. In addition, radiation is now used for a broader variety of purposes, including health care, food safety, mail processing, and baggage screening. OSHA is in the process of reviewing information about the issue, and will determine the appropriate course of action regarding this standard when the review is completed.


Timetable:

Action Date FR Cite

Request for Information (RFI) 12/00/04  


Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact:Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC11



2033. • EMERGENCY RESPONSE AND PREPAREDNESS

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: 29 CFR 1910

Legal Deadline: None

Abstract: Emergency responder health and safety is currently regulated primarily under the following standards: the fire brigade standard (29 CFR 1910.156); hazardous waste operations and emergency response (29 CFR 1910.120); the respiratory protection standard (29 CFR 1910.134); the permit-required confined space standard (29 CFR 1910.146); and the bloodborne pathogens standard (29 CFR 1910.1030). Some of these standards were promulgated decades ago and none were designed as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responder. Many do not reflect major changes in performance specifications for protective clothing and equipment. Current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into National Fire Protection Association (NFPA) and American National Standards Institute consensus standards. OSHA will be collecting information to evaluate what action the agency should take.


Timetable:

Action Date FR Cite

Request for Information 12/00/04  


Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC17



2034. • LEAD IN CONSTRUCTION (SECTION 610 REVIEW)

Priority: Other Significant.

Legal Authority: 29 USC 655(b0); 5 USC 553; 5 USC 610

CFR Citation: 29 CFR 1926.62

Legal Deadline: None

Abstract: OSHA will undertake a review of the Lead in Construction Standard (29 CFR 1926.62) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review will consider the continued need for the rule, 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.


Timetable:

Action Date FR Cite

Begin Review 03/00/05  


Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John Smith, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov

RIN: 1218-AC18

Department of Labor (DOL) Proposed Rule Stage
Occupational Safety and Health Administration (OSHA)



2035. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING OCCUPATIONAL ILLNESS: CHROMIUM)

Regulatory Plan: This entry is Seq. No. 100 in part II of this issue of the Federal Register.

RIN: 1218-AB45



2036. CONFINED SPACES IN CONSTRUCTION (PART 1926): 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 to protect employees who enter confined spaces (29 CFR 1910.146). This standard does not apply to the construction industry because of differences in the nature of the worksite in the construction industry. 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 confined-space protection to construction workers appropriate to their work environment. OSHA intends to issue a proposed rule addressing this construction industry hazard next year.


Timetable:

Action Date FR Cite

SBREFA Panel Report
NPRM
11/24/03
03/00/05
 


Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.go

RIN: 1218-AB47



2037. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

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

CFR Citation: 29 CFR 1915 subpart F

Legal Deadline: None

Abstract: During the 1980s, OSHA initiated a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, ship repair, and shipbreaking industries. Publication of a proposal addressing general working conditions in shipyards is part of this project. The operations addressed in this rulemaking relate to general working conditions such as housekeeping, illumination, sanitation, first aid, and lockout/tagout. About 100,000 workers are potentially exposed to these hazards annually.


Timetable:

Action Date FR Cite

NPRM 03/00/05  


Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB50



2038. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT

Priority: Other 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 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 1926 subpart V; 29 CFR 1926.97

Legal Deadline: None

Abstract: Electrical hazards are a major cause of occupational death in the United States. The annual fatality rate for power line workers is about 50 deaths per 100,000 employees. The construction industry standard addressing the safety of these workers during the construction of electric power transmission and distribution lines is over 30 years old. OSHA is developing a revision of this standard that will prevent many of these fatalities, add flexibility to the standard, and update and streamline the standard. OSHA also intends to amend the corresponding standard for general industry so that requirements for work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction. In addition, OSHA will be revising a few miscellaneous general industry requirements primarily affecting electric transmission and distribution work, including provisions on electrical protective equipment and foot protection. This rulemaking will also address fall protection in aerial lifts for power generation, transmission and distribution work. The SBREFA process has been completed, and OSHA is making changes to the regulatory analysis based on that review.


Timetable:

Action Date FR Cite

SBREFA Report
NPRM
06/30/03
01/00/05
 


Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB67



2039. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS (1910) (SLIPS, TRIPS, AND FALL PREVENTION)

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

Unfunded Mandates: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910 subparts D and I

Legal Deadline: None

Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. Since that time, new technologies and procedures have become available to protect employees from these hazards. The Agency has been working to update these rules to reflect current technology. OSHA published a notice to re-open the rulemaking for comment on a number of issues raised in the record for the NPRM. As a result of the comments received on that notice, OSHA has determined that additional information is needed on its proposed requirements to allow certain employees (qualified climbers) to climb fixed ladders without fall protection. OSHA plans to reopen the record and ask the public for more, specific information about the concept of "qualified climbers" and to solicit comment on an updated/revised economic analysis and related issues.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Hearing
Reopen Record
Comment Period End
Reopen Record
04/10/90
08/22/90
09/11/90
05/02/03
07/31/03
12/00/04
55 FR 13360

55 FR 29224
68 FR 23527


Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB80



2040. CRANES AND DERRICKS

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

Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: Subpart N addresses hazards associated with various types of hoisting equipment used at construction sites. Such equipment includes cranes and derricks. The existing rule, which dates back to 1971, is based in part on industry consensus standards from 1958, 1968, and 1969. There have been considerable technological changes since those consensus standards were developed. Industry consensus standards for derricks and for crawler, truck and locomotive cranes were updated as recently as 1995.

A cross-section of the industry has asked OSHA to update subpart N. OSHA has determined that the existing rule needs to be revised and has established a negotiated rulemaking committee to develop a draft proposed rule.

The negotiated rulemaking committee completed 11 meetings since July of 2003 and has submitted a drafted revision of the crane standard to the Assistant Secretary of OSHA. OSHA is currently conducting an economic analysis of the draft rule to determine if a SBREFA Panel will be needed. Should the SBREFA process not be needed, as determined by a regulatory flexibility screening analysis, a proposed rule is anticipated to be issued in August of 2005.


Timetable:

Action Date FR Cite

Notice of Intent To Establish
Negotiated Rulemaking
Comment Period End
Request for Comments on Proposed Committee Members
Request for Comment Period End
Established Negotiated Rulemaking Committee
Rulemaking Negotiations Completed
Initiate SBREFA Panel

07/16/02
09/16/02

02/27/03
03/31/03

06/12/03
07/30/04
05/00/05

67 FR 46612


68 FR 9036
68 FR 9036

68 FR 35172


Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
Email: bswanson@dol.gov

RIN: 1218-AC01



2041. EXPLOSIVES

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.109

Legal Deadline: None

Abstract: OSHA is considering amending 29 CFR 1910.109 that addresses explosives and blasting agents. These OSHA regulations were published in 1974, and many of the provisions do not reflect technological and safety advances made by the industry since that time. Additionally, the standard contains outdated references and classifications. Two trade associations representing many of the employers subject to this rule have petitioned the Agency to consider revising it, and have recommended changes they believe address the concerns they are raising. OSHA has reviewed the petition and related information about the issue. Initially, OSHA planned to revise the pyrotechnics requirement in this NPRM. However, based on our work to date, it appears appropriate to reserve action on these requirements for a second phase of rulemaking. The agency therefore plans to propose revisions to 29 CFR 1910.109 without any changes to the existing pyrotechnics requirements, and at a future date will develop a proposed rule for pyrotechnics revision. OSHA expects to publish an NPRM by February 2005.


Timetable:

Action Date FR Cite

NPRM 02/00/05  


Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC09


Department of Labor (DOL) Final Rule Stage
Occupational Safety and Health Administration (OSHA)


2042. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON RESPIRATORY PROTECTION

Regulatory Plan: This entry is Seq. No. 101 in part II of this issue of the Federal Register.

RIN: 1218-AA05



2043. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918) -- REOPENING OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS))

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

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

CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85

Legal Deadline: None

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 FR 40142). However, in that rule, the Agency reserved provisions related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve the lifting of two or more empty intermodal containers, secured together with twist locks, at the same time. OSHA has continued to work with national and international organizations to gather additional information on the safety of VTLs. The Agency has published an NPRM to address safety issues related to VTLs. The extended comment period concluded 2/13/04, and an informal public hearing was held on 7/29-30/04. The rulemaking record will remain open through 11/30/04.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Final Rule on Longshoring/Marine
Public Meeting on VTLs - 1/27/1998
Second NPRM
NPRM Comment Period End 2/13/04
Public Hearing
Final Action
06/06/94
09/23/94
07/25/97

10/09/97
09/16/03

12/10/03
07/29/04
06/00/05
59 FR 28594

62 FR 40142

62 FR 52671
68 FR 54298

68 FR 68804
69 FR 19361


Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA56



2044. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT

Priority: Other Significant

Legal Authority: 29 USC 655(b); 29 USC 657; 33 USC 941; 40 USC 333

CFR Citation: 29 CFR 1910.132; 29 CFR 1915.152; 29 CFR 1917.96; 29 CFR 1918.106; 29 CFR 1926.95

Legal Deadline: None

Abstract: Generally, OSHA standards require that protective equipment (including personal protective equipment (PPE)) be provided and used when necessary to protect employees from hazards that can cause them injury, illness, or physical harm. In this discussion, OSHA uses the abbreviation PPE to cover both personal protective equipment and other protective equipment. In 1999, OSHA proposed to require employers to pay for PPE, with a few exceptions. The Agency continues to consider how to address this issue, and re-opened the record on 7/8/2004 to get input on issues related to PPE considered to be a "tool of the trade". The comment period ended 8/23/2004.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Informal Public Hearing End
Limited Reopening of Record
Comment Period End
Final Action
03/30/99
06/14/99
08/13/99
07/08/04
08/23/04
03/00/05
64 FR 15401


69 FR 41221


Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB77



2045. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Regulatory Plan: This entry is Seq. No. 102 in part II of this issue of the Federal Register.

RIN: 1218-AB81



2046. REVISION AND UPDATE OF SUBPART S -- ELECTRICAL STANDARDS

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

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910 subpart S

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) is planning to revise and update its 29 CFR 1910 subpart S-Electrical Standards. OSHA will rely heavily on the 2000 edition of the National Fire Protection Association's (NFPA's) 70 E standard for Electrical Safety Requirements for Employee Workplaces. This revision will provide the first update of the General Industry-Electrical Standard since it was originally published in 1981. OSHA intends to complete this project in several stages. The first stage will cover design safety standards for electrical systems, while the second stage will cover safety-related maintenance and work practice requirements and safety requirements for special equipment. It will thus allow the latest technological developments to be considered. Several of these state-of-the-art safety developments will be addressed by OSHA for the first time. OSHA is evaluating public comment in response to the NPRM.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Final Action
04/05/04
06/04/04
06/00/05
69 FR 17773


Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB95



2047. UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARDS

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

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were incorporated by reference. In the thirty years since these standards were adopted by OSHA, the organizations responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate by reference various consensus standards that are now outdated and, in some cases, out of print.

The Agency is now considering the possibility of initiating rulemaking to update some of these standards. In that regard, OSHA has asked various consensus standards organizations to review their standards, compare the latest versions of these standards to the ones currently adopted by OSHA, and determine which ones are most important for OSHA to update. Additionally, OSHA has asked them to consider whether the changes to these standards would be noncontroversial, and if the new versions would reduce risk. The organizations were enthusiastic about the possibility of updating references to their standards, and they have provided considerable information on priorities and other related issues. OSHA is in the process of evaluating the information it has received in order to determine the best way to proceed. It is possible that a direct final rule may be appropriate to address some of these standards, and others may be more appropriately addressed by an NPRM.


Timetable:

Action Date FR Cite

Direct Final Rule 12/00/04  


Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC08



2048. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002

Priority: Other Significant

Legal Authority: 29 USC 60129

CFR Citation: 29 CFR 1981

Legal Deadline: None

Abstract: This rule establishes procedures and timeframes for the handling of complaints under section 6 of the Pipeline Safety Improvement Act of 2002, including investigations by OSHA, appeals to the Administrative Law Judge (ALJ), appeals of ALJ decisions to the Administrative Review Board and judicial review.


Timetable:

Action Date FR Cite

Interim Final Rule
Interim Final Rule Effective
Interim Final Rule Comment Period End
Final Action
04/05/04
04/05/04

06/04/04
12/00/04
69 FR 17587


Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Tom Marple, Director, Office of Investigative Assistance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3622, Washington, DC 20210
Phone: 202 693-2122
Fax: 202 693-1681

RIN: 1218-AC12



2049. OREGON STATE PLAN

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 667

CFR Citation: 29 CFR 1952

Legal Deadline: None

Abstract: OSHA will propose to grant final approval under section 18(e) of the OSH Act for the Oregon State occupational safety and health plan, administered by the Division of Occupational Safety and Health (OR-OSHA) of the Oregon Department of Consumer and Business Services. Following a comment period and opportunity to request a public hearing, OSHA will make a final determination as a whether to grant final approval of the State plan. Actual performance by the State must be "at least as effective" overall as the Federal OSHA program in all areas covered under the State plan. Final approval results in the relinquishment of authority for Federal concurrent enforcement jurisdiction in the State with respect to safety and health issues covered by the plan.


Timetable:

Action Date FR Cite

Notice of Eligibility for Final Approval
Notice of Final Approval Determination

11/00/04

12/00/04
 


Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: State

Agency Contact: Paula O. White, Director, Federal-State Operations, Department of Labor, Occupational Safety and Health Administration, Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-2200
Fax: 202 693-1671
Email: paula.white@osha.gov

RIN: 1218-AC13



2050. SLIP RESISTANCE OF SKELETAL STRUCTURAL STEEL

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

Legal Authority: 29 USC 655(b) ; 40 USC 333; 29 CFR 1911

CFR Citation: 29 CFR 1926.754(c)(3)

Legal Deadline: Other, Judicial, July 18, 2004, Notice of limited reopening of record for 1926.754(c)(3).

Final, Judicial, January 18, 2006, Final Rule Deadline.

Per Settlement Agreement (Steel Coaltion, Resilient Floor Covering Institute v. OSHA).

Abstract: On May 11, 1994 OSHA established the Steel Erection Negotiated Rulemaking Advisory Committee. On August 13, 1998 OSHA published a notice of proposed rule making, permitting time for written comments and public hearings. Following notice and comment the final rule for the steel erection standard was published on January 18, 2001. On April 3, 2003, OSHA entered into a settlement agreement with the Steel Coalition and Resilient Floor Covering Institute whereby OSHA agreed to a limited reopening of the administrative record of docket S-775 regarding paragraph 1926.754(c)(3). On July 15, 2004, OSHA published a notice in the Federal Register reopening the record for this limited purpose. The July notice solicited information regarding section 1926.754(c)(3) only.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Final Rule
07/15/04
10/13/04
09/00/05
69 FR 42379


Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Bruce Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue, NW, Room N-3468, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AC14



2051. ROLLOVER PROTECTIVE STRUCTURES; OVERHEAD PROTECTION

Priority: Substantive, Nonsignificant

Unfunded Mandates: Undetermined

Legal Authority: 29 CFR 1928 subpart C; Sections 4,6, and 8 of the Occupational Safety and Health Act of 1970(29 USC 653,655,657); Secretary of Labor's Order No. 12.71(36 FR 8754), 8-76(41 FR 25059), 9-83(48 FR 35736, 1-90(55 FR 9033), 6-96(62 FR 111), 3-2000(65 FR 50017) or 5-2002(67 FR 65008) as applicable.Sections 1928.51, 192; 29 CFR 1926 subpart W - Rollover Protective Structures; Overhead Protection: Section 107, Contract Work Hours and Safety Standards Act (Construction Safety Act), 40 USC 333; Sections 1926.1002 and 19

CFR Citation: 29 CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: In 1996, OSHA published a technical amendment revising the construction and agriculture standards that regulate testing of roll-over protective structures (ROPS) used to protect employees who operate wheel-type tractors. This revision removed the original, detailed ROPS standards and replaced them with references to national consensus standards for ROPS-testing requirements. The Agency believed that the national consensus standards largely duplicated the ROPS standards they replaced, and that any differences between them were not substantive. Subsequently, OSHA identified several substantive differences between the national consensus standards and the original ROPS standards. The rulemaking would reinstate the original ROPS standards.


Timetable:

Action Date FR Cite

Direct Final Rule 02/00/05  


Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC15



2052. • NFPA STANDARDS IN SHIPYARD FIRE PROTECTION

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1915.4; 29 CFR 1915.505; 29 CFR 1915.50

Legal Deadline: None

Abstract: In this rulemaking, OSHA is updating National Fire Protection Association (NFPA) standards incorporated reference in the OSHA 29 CFR part 1915 subpart P fire protection standards. OSHA published a final rule subpart P in 2004 that included nine NFPA standards that have been updated since the rule was proposed. OSHA plans to issue a direct final rulemaking, along with a notice of proposed rulemaking, to update the NFPA standards and encourage the use of the most recent NFPA guidance.


Timetable:

Action Date FR Cite

Direct Final Rule 01/00/05  


Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC16


Department of Labor (DOL) Long-Term Actions
Occupational Safety and Health Administration (OSHA)



2053. HEARING CONSERVATION PROGRAM FOR CONSTRUCTION WORKERS

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 1926.52

Legal Deadline: None

Abstract: OSHA issued a section 6(b)(5) health standard mandating a comprehensive hearing conservation program for noise-exposed workers in general industry in 1983. However, no rule was promulgated to cover workers in the construction industry. A number of recent studies have shown that many construction workers experience work-related hearing loss. In addition, the use of engineering, administrative and personal protective equipment to reduce exposures to noise is not extensive in this industry. OSHA published an advance notice of proposed rulemaking to gather information on the extent of noise-induced hearing loss among workers in different trades in this industry, current practices to reduce this loss, and additional approaches and protections that could be used to prevent such loss in the future. The Agency continues to review comments received, the additional public input from Stakeholder meetings that were held in March and July of 2004, and is determining the next appropriate action.


Timetable:

Action Date FR Cite

ANPRM
ANPRM Comment Period End
Stakeholder Meetings
Additional Stakeholder Meeting
Next Action Undetermined
08/05/02
11/04/02
03/24/04
07/21/04
To Be Determined
67 FR 50610


Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB89


Department of Labor (DOL) Completed Actions
Occupational Safety and Health Administration (OSHA)



2054. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) (SHIPYARDS: FIRE SAFETY)

Priority: Other Significant

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1915, subpart P

Legal Deadline: None

Abstract: The rule updates and revises an important but outdated part of OSHA's shipyard rules. The original rule was adopted by OSHA in 1971 and has remained unchanged since then. A negotiated rulemaking committee was convened on October 15, 1996. Members of the committee included: OSHA, State government, Federal agency, small and large shipyard employers, and maritime and firefighter union representatives. The committee completed work in February 2002, and recommended proposal requirements to OSHA. The Agency published an NPRM based on their recommendations. Comments were received and reviewed and a final rule has been issued.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Final Rule
Final Rule Effective
12/11/02
03/11/03
09/15/04
12/14/04
67 FR 76213

69 FR 55668


Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal, Local, State

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB51



2055. CONTROLLED NEGATIVE PRESSURE FIT TESTING PROTOCOL: AMENDMENT TO THE FINAL RULE ON RESPIRATORY PROTECTION

Priority: Substantive, Nonsignificant

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

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In this rulemaking, OSHA is approving an additional quantitative fit testing protocol, the controlled negative pressure (CNP)REDON fit testing protocol, for inclusion in Appendix A of its Respiratory Protection Standard. The protocol affects, in addition to general industry, OSHA respiratory protection standards for shipyard employment and construction. The Agency is adopting this protocol under the provisions contained in the Respiratory Protection Standard that allow individuals to submit evidence for including additional fit testing protocols in this standard.

The (CNP)REDON protocol requires the performance of three different test exercises followed by two redonnings of the respirator, while the CNP protocol approved previously by OSHA specifies eight test exercises, including one redonning of the respirator. In addition to amending the Standard to include the (CNP)REDON protocol, this rulemaking makes several editorial and non-substantive technical revisions to the Standard associated with the (CNP)REDON protocol and the previously approved CNP protocol.

When OSHA published the Final Respiratory Protection standard in 1998, it allowed for later rulemaking on new fit test methods. This rulemaking action incorporates the (CNP)REDON fit test method into 1910.134.


Timetable:

Action Date FR Cite

NPRM
NPRM Comment Period End
Final Rule
Final Rule Effective
06/06/03
09/04/03
08/04/04
09/03/04
68 FR 33887

69 FR 46986


Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AC05



2056. PROCEDURES FOR HANDLING DISCRIMINATION COMPLAINTS UNDER SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002

Priority: Other Significant

Legal Authority: 18 USC 1514A

CFR Citation: 29 CFR 1980

Legal Deadline: None

Abstract: The Sarbanes Oxley Act of 2002, Public Law 107-204 was enacted July 30, 2002. Among other provisions, title VIII, entitled the Corporate and Criminal Fraud Accountability Act of 2002, provides protection for employees of publicly traded companies who provide evidence of fraud to any Federal law enforcement agency, members of Congress, or a person with supervisory authority over the employee. This rule establishes procedures and time frames for the handling of complaints under the Act.


Timetable:

Action Date FR Cite

Interim Final Rule
Final Rule
Final Rule Effective
05/28/03
08/24/04
08/24/04
68 FR 318859
69 FR 52103


Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Tom Marple, Director, Office of Investigative Assistance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3622, Washington, DC 20210
Phone: 202 693-2122
Fax: 202 693-1681

RIN: 1218-AC10




Part II of this Federal Register


99. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

Abstract: Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1971 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and maritime (derived from ACGIH's 1962 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend a 50ug/m3 exposure limit for respirable crystalline silica.

Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials (ASTM) has published a recommended standard for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance.

Statement of Need: Over two million workers are exposed to crystalline silica dust in general industry, construction and maritime industries. Industries that could be particularly affected by a standard for crystalline silica include: foundries, industries that have abrasive blasting operations, paint manufacture, glass and concrete product manufacture, brick making, china and pottery manufacture, manufacture of plumbing fixtures, and many construction activities including highway repair, masonry, concrete work, rock drilling, and tuckpointing. The seriousness of the health hazards associated with silica exposure is demonstrated by the fatalities and disabling illnesses that continue to occur; between 1990 and 1996, 200 to 300 deaths per year are known to have occurred where silicosis was identified on death certificates as an underlying or contributing cause of death. It is likely that many more cases have occurred where silicosis went undetected. In addition, the International Agency for Research on Cancer (IARC) has designated crystalline silica as a known human carcinogen. Exposure to crystalline silica has also been associated with an increased risk of developing tuberculosis and other nonmalignant respiratory diseases, as well as, renal and autoimmune respiratory diseases. Exposure studies and OSHA enforcement data indicate that some workers continue to be exposed to levels of crystalline silica far in excess of current exposure limits. Congress has included compensation of silicosis victims on Federal nuclear testing sites in the Energy Employees' Occupational Illness Compensation Program Act of 2000. There is a particular need for the Agency to modernize its exposure limits for construction and maritime, and to address some specific issues that will need to be resolved to propose a comprehensive standard.

Summary of Legal Basis: The legal basis for the proposed rule is a preliminary determination that workers are exposed to a significant risk of silicosis and other serious disease and that rulemaking is needed to substantially reduce the risk. In addition, the proposed rule will recognize that the PELs for construction and maritime are outdated and need to be revised to reflect current sampling and analytical technologies.

Alternatives: Over the past several years, the Agency has attempted to address this problem through a variety of non-regulatory approaches, including initiation of a Special Emphasis Program on silica in October 1997, sponsorship with NIOSH and MSHA of the National Conference to Eliminate Silicosis, and dissemination of guidance information on its Web site. OSHA has determined that rulemaking is a necessary step to ensure that workers are protected from the hazards of crystalline silica. The Agency is currently evaluating several options for the scope of the rulemaking.

Anticipated Cost and Benefits: The scope of the proposed rulemaking and estimates of the costs and benefits are still under development.

Risks: A detailed risk analysis is under way.


Timetable:

Action Date FR Cite

Completed SBREFA Report
Complete Peer Review of Risk Assessment
12/19/03
02/00/05
 

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. Room N-3718 FP Building Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB70




100. 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: 29 CFR 1910

Legal Deadline: NPRM, Judicial, October 4, 2004.

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 (CrVI). The Oil, Chemical, and Atomic Workers International Unions (OCAW) and Public Citizen's Health Research Group (HRG) petitioned OSHA to promulgate an ETS to lower the PEL for CrVI compounds to 0.5 micrograms per cubic meter of air (ug/m3) as an eighthour, time-weighted average (TWA). The current PEL in general industry is a ceiling value of 100 ug/m3, measured as CrVI and reported as chromic anhydride (CrO3). The amount of CrVI in the anhydride compound equates to a PEL of 52 ug/m3. The ceiling limit applies to all forms of CrVI, including chromic acid and chromates, lead chromate, and zinc chromate. The current PEL of CrVI in the construction industry is 100 ug/m3 as a TWA PEL, which also equates to a PEL of 52 ug/m3. After reviewing the petition, OSHA denied the request for an ETS and initiated a section 6(b)(5) rulemaking.

OSHA began collecting data and performing preliminary analyses relevant to occupational exposure to CrVI. However, in 1997, OSHA was sued by HRG OCAW for unreasonable delay in issuing a final CrVI standard. The 3rd Circuit, U.S. Court of Appeals ruled in OSHA's favor and the Agency continued its data collection and analytic efforts on CrVI. In 2002, OSHA was sued again by HRG and Paper, Allied-International, Chemical and Energy Workers Ineternational Union (PACE) for continued unreasonable delay in issuing a final CrVI standard. In August, 2002 OSHA published a Request for Information on CrVI to solicit additional information on key issues related to controlling exposures to CrVI and on December 4, 2002, OSHA announced its intent to proceed with developing a proposed standard. On December 24, 2002, the 3rd Circuit, U.S. Court of Appeals ruled in favor of HRG and ordered the Agency to proceed expeditiously with a CrVI standard.

Statement of Need: Approximately 380,000 workers are exposed to CrVI in general industry, maritime, construction, and agriculture. Industries or work processes that could be particularly affected by a standard for CrVI include: Electroplating, welding, painting, chromate production, chromate pigment production, ferrochromium production, iron and steel production, chromium catalyst production, and chromium dioxide and sulfate production.

Exposure to CrVI has been shown to produce lung cancer, an often fatal disease, among workers exposed to CrVI compounds. The International Agency for Research on Cancer (IARC) classifies CrVI compounds as a Group 1 Carcinogen: Agents considered to be carcinogenic in humans. The Environmental Protection Agency (EPA) and the American Conference of Governmental Industrial Hygienists (ACGIH) have also designated CrVI compounds as known and confirmed human carcinogens, respectively. Similarly, the National Institute for Occupational Safety and Health (NIOSH) considers CrVI compounds to be potential occupational carcinogens. OSHA's current standards for CrVI compounds, adopted in 1971, were established to protect against nasal irritation. Therefore, there is a need to revise the current standard to protect workers from lung cancer.

Summary of Legal Basis: The legal basis for the proposed rule is a preliminary determination that workers are exposed to a significant risk of lung cancer and dermatoses and that rulemaking is needed to substantially reduce the risk.

Alternatives: OSHA had considered non-regulatory approaches, including the dissemination of guidance on its web site. However, OSHA has determined that rulemaking is a necessary step to ensure that workers are protected from the hazards of CrVI and the Agency has been ordered by the U.S. Court of Appeals to move forward with a final rule.

Anticipated Cost and Benefits: The proposed rulemaking includes estimates of the costs and benefits are being developed.

Risks: A detailed risk analysis is included in the NPRM.


Timetable:

Action Date FR Cite

Request for Information
Comment Period End
Initiate SBREFA Process
SBREFA Report
NPRM
NPRM Comment Period End
Public Hearings
Final Rule
08/22/02
11/20/02

04/20/04
10/04/04
01/03/05
02/00/05
01/00/06
67 FR 54389



69 FR 59305

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions

Government Levels Affected: Undetermined

Agency Contact: Steven F. Witt Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. Room N-3718, FP Building Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB45





101. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON RESPIRATORY PROTECTION

Priority: Other Significant

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

CFR Citation: 29 CFR 1910.134

Legal Deadline: None

Abstract: In January 1998, OSHA published the final Respiratory Protection standard (29 CFR 1910.134), except for reserved provisions on assigned protection factors (APFs) and maximum use concentrations (MUCs). APFs are numbers that describe the effectiveness of the various classes of respirators in reducing employee exposure to airborne contaminants (including particulates, gases, vapors, biological agents, etc.). Employers, employees, and safety and health professionals use APFs to determine the type of respirator to protect the health of employees in various hazardous environments. Maximum use concentrations establish the maximum airborne concentration of a contaminant in which a respirator with a given APF may be used.

Currently, OSHA relies on the APFs developed by NIOSH in the 1980s unless OSHA has assigned a different APF in a substance-specific health standard. However, many employers follow the more recent APFs published in the industry consensus standard, ANSI Z88.2-1992. For some classes of respirators, the NIOSH and ANSI APFs vary greatly.

This rulemaking action will complete the 1998 standard, reduce compliance confusion among employers, and provide employees with consistent and appropriate respiratory protection. On June 6, 2003, OSHA published an NPRM on Assigned Protection Factors in the Federal Register at 68 FR 34036 containing a proposed APF table, and requesting public comment. The extended comment period ended October 2, 2003, and an informal public hearing was held January 28-30, 2004.

Statement of Need: About five million employees wear respirators as part of their regular job duties. Due to inconsistencies between the APFs found in the current industry consensus standard (ANSI Z88.2-1992) and in the NIOSH Respirator Decision Logic, employers, employees, and safety and health professionals are often uncertain about what respirator to select to provide protection against hazardous air contaminants.

Summary of Legal Basis: The legal basis for this proposed rule is the determination that assigned protection factors and maximum use concentrations are necessary to complete the final Respiratory Protection standard and provide the full protection under that standard.

Alternatives: OSHA has considered allowing the current situation to continue. Accordingly, OSHA generally enforces NIOSH APFs, but many employers follow the more recent consensus standard APFs. However, allowing the situation to continue results in inconsistent enforcement, lack of guidance for employers, and the potential for inadequate employee protection.

Anticipated Cost and Benefits: The estimated compliance costs for OSHA's proposed APF rule are $4.6 million. The APFs proposed in this rulemaking help to ensure that the benefits attributed to proper respiratory protection under 29 CFR 1910.134 are achieved, as well as provide an additional degree of protection.

Risks:The preamble to the final Respiratory Protection rule (63 FR 1270, Jan. 8, 1998) discusses the significance of the risks potentially associated with the use of respiratory protection. No independent finding of significant risk has been made for the APF rulemaking since it only addresses a single provision of the larger rule.


Timetable:

Action Date FR Cite

ANPRM
ANPRM Comment Period End
NPRM
Final Rule
Final Rule Effective
NPRM
NPRM Comment Period End
NPRM Comment Period Extended
Public Hearing on 01/28/2004
Final Rule: Revocation of Respiratory
Post-Hearing Comment and Brief Period Extended
Post-Hearing Comment Period End
Post-Hearing Briefs End
Final Action
05/14/82
09/13/82
11/15/94
01/08/98
10/04/04
04/08/98
06/06/03
09/04/03
10/02/03
11/12/03
12/31/03
03/30/04
04/29/04
05/29/04
01/00/05
47 FR 20803

59 FR 58884
63 FR 1152
69 FR 59305

68 FR 34036

68 FR 53311
68 FR 64036
68 FR 75767
69 FR 16510

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal, Local, State, Tribal

Agency Contact: Steven F. Witt Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. Room N-3718, FP Building Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AA05





102. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II)

Priority: Other Significant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart Z; 29 CFR 1910.1001 to 1910.1052; 29 CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 1910.261; 29 CFR 1910.265; 29 CFR 1910.410; 29 CFR 1917.92; 29 CFR 1926.1101; 29 CFR 1926.1127; 29 CFR 1926.1129; 29 CFR 1926.60; 29 CFR 1926.62

Legal Deadline: None

Abstract: The Occupational Safety and Health Administration (OSHA) proposed to remove or revise provisions in its health standards that are out of date, duplicative, unnecessary, or inconsistent. Where appropriate, the Agency is primarily changing that provision to reduce the burden imposed on the regulated community by these requirements. In this document, substantive changes standards will revise or eliminate duplicative, inconsistent, or unnecessary regulatory requirements without diminishing employee protections. Phase I of this Standards Improvement process was completed in June 1998 (63 FR 33450). OSHA plans to initiate Phase III of this project at a future date to address problems in various safety and health standards.

Statement of Need: Some parts of OSHA's standards are out of date, duplicative, unnecessary, or inconsistent. The Agency needs to periodically review its standards and make needed corrections. This effort results in standards that are easier for employers and employees to follow and comply with, and thus enhances compliance and worker protection.

Summary of Legal Basis: The legal basis for the proposed rule is a preliminary finding that the OSHA standards need to be updated to bring them up to date, reduce inconsistency, and remove unneeded provisions.

Alternatives: OSHA has considered updating each standard as problems are discovered, but has determined that it is better to make such changes to groups of standards so it is easier for the public to comment on like standards. OSHA has also considered the inclusion of safety standards that need to be updated. However, the Agency has decided to pursue a separate rulemaking for safety issues because the standards to be updated are of interest to different stakeholders.

Anticipated Cost and Benefits: This revision of OSHA's standards is a deregulatory action. It will reduce employers' compliance obligations.

Risks: The project does not address specific risks, but is intended to improve OSHA's standards by bringing them up to date and deleting unneeded provisions. The anticipated changes will have no negative effects on worker safety and health.


Timetable:

Action Date FR Cite

NPRM
Comment Period End
NPRM Comment Period End
Second NPRM Comment Period End
Public Hearing
Final Rule
10/31/02
12/20/02
01/08/03
01/30/03

07/08/03
12/00/04
67 FR 66493

68 FR 1023

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steven F. Witt Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. Room N-3718, FP Building Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678

RIN: 1218-AB81



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