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• Publication Date: 05/05/2008
• Publication Type: Unified Agenda
• Fed Register #: 71:24720-24725
• Standard Number: 1910.1052; 1910.146; 1926.550
• Title: Semiannual Regulatory Agenda

NOTE: This section for the Department of Labor (OSHA)
is on pages 24723-24725

Occupational Safety and Health Administration -- Prerule Stage

Sequence
Number
Title Regulation Identification Number
210 Occupational Exposure to Crystalline Silica 1218-AB70
211 Occupational Exposure to Beryllium 1218-AB76
212 Methylene Chloride (Section 610 Review) 1218-AC23
213 Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl 1218-AC33
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.

Occupational Safety and Health Administration -- Proposed Rule Stage

Sequence
Number
Title Regulation Identification Number
214 Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in Confined Spaces 1218-AB47
215 Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67
216 Cranes and Derricks 1218-AC01
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


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


210. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA

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

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 50µg/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.

Timetable:
Action Date FR Cite
Completed SBREFA Report 12/19/03  
Complete Peer Review of Health Effects and Risk Assessment 08/00/08  

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov

RIN: 1218-AB70


211. OCCUPATIONAL EXPOSURE TO BERYLLIUM

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

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 planning to use this information to develop a proposed rule addressing occupational exposure to beryllium.

Timetable:
Action Date FR Cite
Request for Information 11/26/02 67 FR 70707
SBREFA Report Completed 01/23/08  
Complete Peer Review of Health Effects and Risk Assessment 11/00/08  

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov

RIN: 1218-AB76


212. METHYLENE CHLORIDE (SECTION 610 REVIEW)

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

Abstract: OSHA will undertake a review of the Methylene Chloride Standard (29 CFR 1910.1052) 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; 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 evaluated.

Timetable:
Action Date FR Cite
Begin Review 12/01/06  
Request for Comments 07/10/07 72 FR 37501
Comment Period End 10/09/07  
Reopen Comment Period 01/08/08 73 FR 1299
Comment Period End 03/10/08  
End Review 11/00/08  

Regulatory Flexibility Analysis Required: No

Agency Contact: John Smith, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N 3641, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov

RIN: 1218-AC23


213. OCCUPATIONAL EXPOSURE TO DIACETYL AND FOOD FLAVORINGS CONTAINING DIACETYL

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

Abstract: On July 26, 2006, the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard (ETS) for all employees exposed to diacetyl, a major component in artificial butter flavoring. Diacetyl and a number of other volatile organic compounds are used to manufacture artificial butter food flavorings. These food flavorings are used by various food manufacturers in a multitude of food products including microwave popcorn, certain bakery goods, and some snack foods. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. Evidence from NIOSH and other sources indicated that employee exposure to diacetyl and food flavorings containing diacetyl is associated with bronchiolitis obliterans, a debilitating and potentially fatal disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn industry and in food flavoring manufacturing plants. Experimental evidence has shown that inhalation exposure to artificial butter flavoring vapors and diacetyl damaged tissue lining, the nose, and airways of rats and mice.

Timetable:
Action Date FR Cite
Stakeholder Meeting 10/17/07 72 FR 54619
Initiate SBREFA Panel 05/00/08  

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov

RIN: 1218-AC33


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


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

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

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.

Timetable:
Action Date FR Cite
SBREFA Panel Report 11/24/03  
NPRM 11/28/07 72 FR 67351
NPRM Comment Period End 01/28/08  
NPRM Comment Period Extended 02/28/08 73 FR 3893
Public Hearing 09/00/08  

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Noah Connell, Acting Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room North 3467, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AB47


215. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT

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

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 has developed 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 also addresses fall protection in aerial lifts for power generation, transmission, and distribution work. OSHA published an NPRM on June 15, 2005. A public hearing was held March 6 to 14, 2006. OSHA is reopening the record to gather additional information on minimum approach distances.

Timetable:
Action Date FR Cite
SBREFA Report 06/30/03  
NPRM 06/15/05 70 FR 34821
NPRM Comment Period End 10/13/05  
Comment Period Extended to 01/11/2006 10/12/05 70 FR 59290
Public Hearing to be held 03/06/2006 10/12/05 70 FR 59290
Post-Hearing Comment Period End 07/14/06  
Reopen Record 06/00/08  

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov

RIN: 1218-AB67


216. CRANES AND DERRICKS

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

Abstract: A number of industry stakeholders asked OSHA to update the cranes and derricks portion of subpart N (29 CFR 1926.550), specifically requesting that negotiated rulemaking be used.

In 2002 OSHA published a notice of intent to establish a negotiated rulemaking committee. A year later, in 2003, committee members were announced and the Cranes and Derricks Negotiated Rulemaking Committee was established and held its first meeting. In July 2004, the committee reached consensus on all issues resulting in a final consensus document.

Timetable:
Action Date FR Cite
Notice of Intent To Establish Negotiated Rulemaking 07/16/02 67 FR 46612
Comment Period End 09/16/02  
Request for Comments on Proposed Committee Members 02/27/03 68 FR 9036
Request for Comments Period End 03/31/03 68 FR 9036
Established Negotiated Rulemaking Committee 06/12/03 68 FR 35172
Rulemaking Negotiations Completed 07/30/04  
SBREFA Report 10/17/06  
NPRM 08/00/08  

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Noah Connell, Acting Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room North 3467, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689

RIN: 1218-AC01


[FR Doc. E8-7540 Filed 05-02-08; 8:45 am]
BILLING CODE 4510-23-S

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