Semiannual Regulatory Agenda | Occupational Safety and Health Administration

Publication Date:

04/25/1994
Publication Type:

Unified Agenda
Fed Register #:
59:20602-20654
Title:

Semiannual Regulatory Agenda

DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR CH. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual agenda of regulations selected for review or development.

SUMMARY: This document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The agenda complies with the requirements of both Executive Order 12866 and the Regulatory Flexibility Act. The agenda lists all regulations that are expected to be under review or development between April 1994 and April 1995, as well as those completed during the past 6 months.

FOR FURTHER INFORMATION CONTACT: Roger Rodriguez, Associate Assistant Secretary, Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC 20210, (202) 219-6197.

Note: Information pertaining to a specific regulation can be obtained from the agency contact listed for that particular regulation.

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory Flexibility Act require the semiannual publication in the Federal Register of an agenda of regulations. The Regulatory Flexibility Act became effective on January 1, 1981, and applies only to regulations for which a notice of proposed rulemaking was issued on or after that date. It requires the Department of Labor to publish an agenda listing all the regulatyions it expects to propose or promulgate that are likely to have a "significant economic impact on a substantial number of small entities" (5 U.S.C. 602). Executive Order 12866 became effective September 30, 1993, and in substance, requires the Department of Labor to publish an agenda listing all the regulations it expects to have under active consideration for promulgation, proposal, or review during the coming 1-year period.

As permitted by law, the Department of Labor is combining the publication of its agenda under the Regulatory Flexibility Act and Executive Order 12866.

All interested members of the public are invited and encouraged to let departmental officials know how our regulatory efforts can be improved and, of course, to participate in and comment on the review or development of the regulations listed on the agenda.

Robert B. Reich,
Secretary of Labor.

NOTE: This section for The Department of Labor (OSHA)
is on pages 20607-20608.

Occupational Safety and Health Administration - Proposed Rule Stage
Sequence Number	Title	Regulation Identifier Number
2246	Respiratory Protection.	1218-AA05
2247	Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part 1917).	1218-AA56
2248	Steel Erection (Part 1926).	1218-AA65
2249	Medical Surveillance Programs for Employees.	1218-AB00
2250	Exposure Assessment Programs for Employees Exposed to Hazardous Chemicals.	1218-AB01
2251	Recording and Reporting Occupational Injuries and Illnesses.	1218-AB24
2252	Accreditation of Training Programs for Hazardous Waste Operations (Part 1910).	1218-AB27
2253	Control of Hazardous Energy (Lockout/Tagout) - Construction (Part 1926).	1218-AB30
2254	Powered Industrial Truck Operator Training.	1218-AB33
2255	Ergonomic Safety and Health Standards.	1218-AB36
2256	Indoor Air Quality in the Workplace.	1218-AB37
2257	Crane Safety.	1218-AB38
2258	Abatement Verification.	1218-AB40
2259	Comprehensive Occupational Safety and Health Programs.	1218-AB41
2260	Occupational Exposure to Hexavalent Chromium.	1218-AB45
2261	Occupational Exposure to Tuberculosis.	1218-AB46
2262	Confined Spaces for Construction (Part 1926).	1218-AB47
2263	Miscellaneous Amendments to the Safety Standards for the Construction Industry (Part 1926).	1218-AB48
2264	General Working Conditions in Shipyards (Part 1915).	1218-AB50
2265	Fire Protection in Shipyard Employment (Part 1915).	1218-AB51

Occupational Safety and Health Administration - Final Rule Stage
Sequence Number	Title	Regulation Identifier Number
2266	Fall Protection (Part 1926).	1218-AA37
2267	Scaffolds (Part 1926).	1218-AA40
2268	Logging Operations (Part 1910).	1218-AA52
2269	Scaffolds in Shipyards (Part 1915)	1218-AA68
2270	Access and Egress in Shipyards (Part 1915).	1218-AA70
2271	Personal Protective Equipment in Shipyards (Part 1915).	1218-AA74
2272	1,3-Butadiene.	1218-AA83
2273	Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates.	1218-AA84
2274	Confined Spaces and Explosive and Other Dangerous Atmospheres (Part 1915).	1218-AA91
2275	Methylene Chloride.	1218-AA98
2276	Walking Working Surfaces and Personal Fall Protection Systems (Part 1910).	1218-AB04
2277	Asbestos (Remand).	1218-AB25
2278	Air Contaminants Rule for Construction, Agriculture and Maritime.	1218-AB26
2279	Occupant Protection in Motor Vehicles.	1218-AB28
2280	Retention of Markings and Placards	1218-AB42

Occupational Safety and Health Administration - Completed Actions
Sequence Number	Title	Regulation Identifier Number
2281	Methods of Compliance.	1218-AA28
2282	Fall Protection Systems (Personal Protective Equipment) (Part 1910).	1218-AA48
2283	Electric Power Generation, Transmission, and Distribution (Part 1910).	1218-AA59
2284	Fall Protection in Shipyards (Part 1915).	1218-AA66
2285	Face, Head, Eye, and Foot Protection (Personal Protective Equipment) (Part 1910).	1218-AA71
2286	Welding, Cutting, and Brazing (Part 1910 and Part 1926).	1218-AA72
2287	Welding, Cutting, and Heating in Shipyards (Part 1915).	1218-AA73
2288	Hazard Communication.	1218-AB02
2289	Hazardous Materials (Part 1910).	1218-AB20
2290	Shipyard Employment: Phase II (Part 1915).	1218-AB22
2291	Lead in Construction.	1218-AB34
2292	Reporting of Fatality or Multiple Hospitalizations.	1218-AB35
2293	Hazard Communication (MSDS).	1218-AB43
2294	Coke Oven Emissions.	1218-AB44
2295	Grain Handling.	1218-AB49

NOTE: This section for The Department of Labor (OSHA)

is on pages 20638-20654.

DEPARTMENT OF LABOR (DOL) Proposed Rule Stage

Occupational Safety and Health Administration (OSHA)

2246. RESPIRATORY PROTECTION

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

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

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA05

2247. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) AND MARINE TERMINALS (PART 1917)

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

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	06/00/94

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected: 44 Water Transportation

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

RIN: 1218-AA56

2248. STEEL ERECTION (PART 1926)

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

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: In the December 29, 1992, Federal Register, OSHA announced its intention to form a Negotiated Rulemaking Advisory Committee to negotiate issues associated with a revision to the existing steel erection standard. Four of the primary issues to be negotiated include the need to expand the scope and application of the existing standard; construction specifications and workplaces; written construction safety erection plans; and fall protection. Comments on forming the committee and nominations for representation on the committee were due by March 29, 1993.

Timetable:
Action	Date	FR Cite
Notice of Committee Meeting	06/00/94
NPRM	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: None

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

RIN: 1218-AA65

2249. MEDICAL SURVEILLANCE PROGRAMS FOR EMPLOYEES

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Section 6(b) of the Act requires, where appropriate, provisions for medical surveillance in each 6(b) rulemaking for a harmful substance. A generic standard for medical surveillance would satisfy the requirements of the Act for future standards promulgated under paragraph (6)(b) of the Act, thus making available resources to deal with substantive issues. OSHA has collected considerable useful information as a result of the advance notice of proposed rulemaking published on September 27, 1988 (53 FR 37595). OSHA has also consulted with the Department of Health and Human Services, and is making full use of the expertise within the National Institute for Occupational Safety and Health to develop specific criteria to be used to determine when and what medical surveillance intervention may be appropriate. Medical surveillance requirements in existing standards, such as coke ovens will be addressed in this rulemaking.

Timetable:
Action	Date	FR Cite
ANPRM	09/27/88	53 FR 37595
ANPRM Comment Period End	12/27/88
NPRM	11/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB00

2250. EXPOSURE ASSESSMENT PROGRAMS FOR EMPLOYEES EXPOSED TO HAZARDOUS CHEMICALS

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Section 6(b)(7) of the Act requires, where appropriate, provisions for exposure monitoring for substances regulated by OSHA. OSHA does not have exposure monitoring provisions in the air contaminants standards (29 CFR 1910.1000). A generic standard for exposure assessment would satisfy the monitoring requirements of the Act, thus enabling the Agency to provide relevant protection for workers covered by the air contaminants standard OSHA published an Advance Notice of Proposed Rulemaking on September 27, 1988 (53 FR 37591). OSHA intends to publish a Notice of Proposed Rulemaking by July 1995.

Timetable:
Action	Date	FR Cite
ANPRM	09/27/88	53 FR 37591
ANPRM Comment Period End	12/27/88
NPRM	08/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB01

2251. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904.1

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	09/00/94

Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local

Sectors Affected: All

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

RIN: 1218-AB24

2252. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE OPERATIONS (PART 1910)

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

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

CFR Citation: 29 CFR 1910.121, subpart H

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	01/26/90	55 FR 2776
NPRM Comment Period End	04/26/90	55 FR 2276
NPRM Emergency response training accreditation paragraph Q	12/00/94
FINAL Paragraphs e and p	12/00/94

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

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

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

RIN: 1218-AB27

2253. CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT) - CONSTRUCTION (PART 1926)

Significance: Subject to OMB review: Undetermined Economically significant: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1926

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB30

2254. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING

Significance: Subject to OMB review: Undetermined Economically significant: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.178

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	12/00/94

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB33

2255. ERGONOMIC SAFETY AND HEALTH STANDARDS

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b); 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: The Bureau of Labor Statistics (BLS) has reported the number of reported "disorders associated with repeated trauma" have more than tripled since 1984. These serious, potentially crippling disorders account for 60 percent of all occupational illnesses reported to OSHA in 1991. OSHA published an Advance Notice of Proposed Rulemaking (ANPR) on August 3, 1992 (57 FR 34192). A six-month comment period ended February 1, 1993. OSHA received about 266 comments. The Agency is currently in the process of analyzing these submissions, as well as available scientific literature and enforcement data. In addition, OSHA conducted a telephone survey of firms to collect more information about current programs in industry addressing problems related to ergonomics. All information available to OSHA will be used to determine how to proceed in addressing these issues.

Timetable:
Action	Date	FR Cite
ANPRM	08/03/92	57 FR 34192
ANPRM Comment	02/01/93
Period End
NPRM	09/00/94

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Barabara Silverstein, Special Assistant for Ergonomic Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room S2316, FP Building, Washington, DC 20210, 202 219-6027

RIN: 1218-AB36

2256. INDOOR AIR QUALITY IN THE WORKPLACE

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655

CFR Citation: 29 CFR Not yet determined

Legal Deadline: None

Abstract: Health complaints related to indoor air quality (IAQ) have increased significantly following energy conservation measures instituted in the 1970's. Such measures have reduced the infiltration of outside air, allowing the build-up of indoor air contaminants. Adverse health effects associated with indoor air contaminants are classified as: (1) sick building syndrome which is characterized by general complaints that may include headaches, fatigue, nausea, mucous membrane (eye, nose, and throat) irritation, coughs, and muscle pain; and (2) building-related illness which describes those specific medical conditions of known etiology which can often be documented by physical signs and laboratory findings. These include respiratory allergies and Legionnaires' disease. A particular concern with matters dealing with indoor air quality is exposure to passive tobacco smoke (PTS). A wide range of health effects caused by PTS have been reported by the Surgeon General, the National Research Council, the Environmental Protection Agency (EPA), NIOSH, and private researchers, as well as by citizens reporting health effects due to PTS exposure while at work. (CONT)

Timetable:
Action	Date	FR Cite
Request for	09/20/91	56 FR 47892
Information
Comment Period End	01/21/92	56 FR 47892
NPRM	04/05/94	59 FR 15968
NPRM Comment	06/29/94
Period End

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: These effects range from acute annoyance and eye and respiratory tract irritation to the development of chronic pulmonary disease, cardiovascular diseases, and lung cancer. OSHA published a request for information on Indoor Air Quality September 20, 1991 (56 FR 47892). Comment period was extended to March 20, 1992. More than 1,200 comments were received. The Agency is reviewing all relevant information, including these comments and a recent EPA report on passive tobacco smoke, and is making a determination as to how to proceed.

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

RIN: 1218-AB37

2257. CRANE SAFETY

Significance: Subject to OMB review: Undetermined Economically significant: Undetermined

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

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
ANPRM	10/19/92	57 FR 47746
ANPRM Comment Period End	02/12/93
NPRM	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB38

2258. ABATEMENT VERIFICATION

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

CFR Citation: 29 CFR 1903

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	04/00/94

Small Entities Affected: Undetermined

Government Levels Affected: State

Sectors Affected: All

Analysis: Regulatory Flexibility Analysis

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

RIN: 1218-AB40

2259. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Significance: Subject to OMB review: Undetermined Economically significant: Undetermined Regulatory Plan entry: Undetermined

Legal Authority: 29 USC 655

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

Legal Deadline: None

Abstract: OSHA has long recognized the utility of comprehensive safety and health programs, and adopted non-mandatory guidance for safety and health program management on January 26, 1989 (54 FR 3904). These guidelines were based on a distillation of safety and health management practices used by employers that have implemented successful comprehensive programs. The major elements OSHA has identified in the guidelines for effective occupational safety and health programs are: (1) management commitment and employee involvement; (2) worksite analysis to anticipate and prevent harmful occurrences; (3) hazard prevention afforded employees; and (4) safety and health training. Successfully implemented programs generally have a lower incidence of occupationally-related illnesses and injuries. In particular, OSHA has found that companies that have implemented comprehensive safety and health programs and are participating in its Voluntary Protection Program have lost-workday case rates that range from one-fifth to one-third the rates experienced by average worksites within their industrial classification. In addition, (CONT)

Timetable:
Action	Date	FR Cite
NPRM	03/00/95

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: ABSTRACT CONT: participating sites reported improved employee morale and productivity as a secondary benefit of their safety and health management activities. OSHA plans to publish a notice of proposed rulemaking that will address the need for all employers to develop and implement a safety and health program for all their workplaces. OSHA will be raising additional issues related to safety and health programs as they pertain to small businesses. Those with 10 or fewer employees and other issues as part of the rulemaking process.

Agency Contact: Thomas J. Shepich, 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, 202 219-8061

RIN: 1218-AB41

2260. * OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: Not yet determined

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	05/00/95

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

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

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

RIN: 1218-AB45

2261. * OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: On August 25, 1993, 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 tuberculosis in several work settings (correctional institutions, health-care facilities, homeless shelters, long-term care facilities for the elderly, and drug treatment centers), the petitioners stated that in every recent TB outbreak investigated by the CDC non-compliance with CDC's TB control guidelines were evident. After reviewing the available information, OSHA has preliminary concluded that significant risk of occupational transmission of tuberculosis does exist for some workers and has decided to initiate a standard 6(b) rulemaking. The Agency is currently developing a proposed rule which would require certain employers to take steps to eliminate or minimize employee exposure to TB. OSHA already regulates to biological hazard of bloodborne pathogens under 29 CFR 1910.1030 and believes that development of a TD standard is (CONT)

Timetable:
Action	Date	FR Cite
NPRM	03/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: consistent with the Agency's mission and previous activity.

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

RIN: 1218-AB46

2262. * CONFINED SPACES FOR CONSTRUCTION (PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB47

2263. * MISCELLANEOUS AMENDMENTS TO THE SAFETY STANDARDS FOR THE CONSTRUCTION INDUSTRY (PART 1926)

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

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

RIN: 1218-AB48

2264. * GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915)

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

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	09/00/95

Small Entities Affected: None

Government Levels Affected: None

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

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

RIN: 1218-AB50

2265. * FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915)

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: None

Government Levels Affected: None

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

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

RIN: 1218-AB51

DEPARTMENT OF LABOR (DOL) Final Rule Stage

Occupational Safety and Health Administration (OSHA)

2266. FALL PROTECTION (PART 1926)

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

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

Legal Deadline: None

Abstract: The existing standard has been proposed for revision because it is poorly formatted, contains unnecessary and restrictive provisions, and does not properly address the fall protection needs of certain areas and operations. The proposal raises several significant issues including (1) when fall protection systems must be installed, (2) whether work surface inspections are necessary to insure adequate structural integrity before commencing work, and (3) whether body belt systems or body harness systems are appropriate for use as fall protection. (Subpart M revised)

Timetable:
Action	Date	FR Cite
NPRM	11/25/86	51 FR 42680
NPRM Comment Period End	08/14/87	52 FR 20616
Reopening of Rulemaking Record Comment Period Ends 11/03/92	08/05/92	57 FR 34656
New Reopening of Rulemaking Record: Comment Period Closed 5/28/93	03/28/93	58 FR 16515
Final Action	09/00/94

Small Entities Affected: None

Government Levels Affected: None

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

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

RIN: 1218-AA37

2267. SCAFFOLDS (PART 1926)

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

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

Legal Deadline: None

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

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

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

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

RIN: 1218-AA40

2268. LOGGING OPERATIONS (PART 1910)

Significance: Subject to OMB review: Undetermined Economically significant: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.266 (Revision)

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	05/02/89	54 FR 18798
NPRM Comment Period End	07/31/89
Public Hearing 07/24/90	05/11/90	55 FR 19745
Final Action	09/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Sectors Affected: 24 Lumber and Wood Products, Except Furniture

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

RIN: 1218-AA52

2269. SCAFFOLDS IN SHIPYARDS (PART 1915)

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

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	11/29/88	53 FR 48182
NPRM Comment Period End	02/27/89
Final Action	09/00/95

Small Entities Affected: None

Government Levels Affected: None

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

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

RIN: 1218-AA68

2270. ACCESS AND EGRESS IN SHIPYARDS (PART 1915)

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

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

Legal Deadline: None

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

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

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

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

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

RIN: 1218-AA70

2271. PERSONAL PROTECTIVE EQUIPMENT IN SHIPYARDS (PART 1915)

Significance: Economically significant: Undetermined

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

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	11/29/88	53 FR 48150
NPRM Comment Period End	02/27/89
Final Action	03/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.132-1910.137.

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

RIN: 1218-AA74

2272. 1,3-BUTADIENE

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

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

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AA83

2273. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR ACETATES

Significance: Subject to OMB review: Undetermined Economically significant: Undetermined Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1000

Legal Deadline: None

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

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AA84

2274. CONFINED SPACES AND EXPLOSIVE AND OTHER DANGEROUS ATMOSPHERES (PART 1915)

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

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

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyard standard covering confined space and explosive and other dangerous atmospheres. This revision will develop, in part, a performance-oriented standard, address any gaps in coverage, recognized new technology, and eliminate outmoded or redundant standards. Moreover, it will resolve the potential redundancy and overlap that would result from two different sets of requirements for landside and shipboard operations. This regulatory action represents a minimal economic impact or has the potential of producing a cost savings to the industry.

Timetable:
Action	Date	FR Cite
NPRM	11/29/88	53 FR 48092
NPRM Comment Period End	02/27/89
NPRM Comment Period Reopened Until 9/22/92	06/24/92	57 FR 28152
Final Action	06/00/94

Small Entities Affected: None

Government Levels Affected: State, Federal

Sectors Affected: 373 Ship and Boat Building and Repairing

RIN: 1218-AA91

2275. METHYLENE CHLORIDE

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1000

Legal Deadline: None

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

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: September 16, 1992 and in San Francisco, CA on October 14, 1992. The post-hearing comment period for new evidence closed on January 14, 1993, and the final date for submitting post-hearing summations and briefs was March 15, 1993.

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

RIN: 1218-AA98

2276. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS (PART 1910)

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

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

Legal Deadline: None

Abstract: Standards for Walking Working Surfaces and Personal Fall Protection Systems will be issued concurrently. Existing standards for walking and working surfaces need to be revised because they are out of date and restrict technological innovation. The proposed revision is performance-oriented and permits flexibility for compliance. In addition, existing standards do not contain criteria for personal fall protection systems. Consequently, requirements containing criteria for personal fall protection systems would be added to 29 CFR part 1910; Subpart I, Personal Protection Equipment, to enhance employee protection from injury and death due to falls to different elevations.

Timetable:
Action	Date	FR Cite
NPRM	04/10/90	55 FR 13360
NPRM Comment Period End	08/22/90	55 FR 13360
Hearing	09/11/90	55 FR 29224
Final Action	06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: Because 1218-AB05 and 1218-AA48 will be issued concurrently, they have been combined under one RIN number.

RIN: 1218-AB04

2277. ASBESTOS (REMAND)

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655 et seq

CFR Citation: 29 CFR 1910.1001; 29 CFR 1926.58

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
Asbestos Remand - Category I Issues	12/20/89	54 FR 52024
Asbestos Remand - Category II Effective Date 5/7/90	02/05/90	55 FR 3724
Asbestos Remand - Category II Issues	02/05/90	55 FR 3724
Asbestos Remand - Category III	07/20/90	55 FR 29712
Hearing	10/23/90	55 FR 29712
Hearing	11/09/90	55 FR 40676
Final Action	04/00/94

Small Entities Affected: None

Government Levels Affected: Undetermined

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

Agency Contact: Charles E. Adkins, Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Bldg, Washington, DC 20210, 202 219-7075

RIN: 1218-AB25

2278. AIR CONTAMINANTS RULE FOR CONSTRUCTION, AGRICULTURE AND MARITIME

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: Not yet determined

Legal Deadline: None

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

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

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

RIN: 1218-AB26

2279. OCCUPANT PROTECTION IN MOTOR VEHICLES

Significance: Subject to OMB review: Yes Economically significant: Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

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

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

Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local, Federal

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

RIN: 1218-AB28

2280. RETENTION OF MARKINGS AND PLACARDS

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	09/10/93	58 FR 47690
NPRM Comment Period End	10/12/93	58 FR 47690
Final Action	06/00/94

Small Entities Affected: None

Government Levels Affected: None

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

RIN: 1218-AB42

DEPARTMENT OF LABOR (DOL) Completed Actions

Occupational Safety and Health Administration (OSHA)

2281. METHODS OF COMPLIANCE

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1000(e); 29 CFR 1910.134(a)(1)

Legal Deadline: None

Abstract: OSHA's policy concerning the use of engineering controls and respirators was targeted for review by the President's Task Force on Regulatory Relief in 1981. Current OSHA regulations require that employers implement feasible engineering controls to maintain air contaminant concentrations in the workplace at or below the prescribed permissible exposure limits. The use of respirators is permitted only in those cases where engineering controls are not feasible, not yet installed, or not adequate. This policy has been criticized as being inflexible, not cost-effective, and often unnecessary for employee health protection. OSHA believes that any changes to the policy for use of engineering controls must be closely coordinated with revisions in the respiratory protection regulations (29 CFR 1910.134). This rulemaking does not address the assessment and reduction of any absolute existing risks, but rather addresses the possible change in risk abatement associated with the use of respirators instead of engineering controls. OSHA published a proposal on June 5, 1989 (54 FR 23991). Hearings were held on May 30-31, 1990, and continued on July 9-10, 1990. (CONT)

Timetable:
Action	Date	FR Cite
ANPRM	02/22/83	48 FR 7473
ANPRM Comment Period End	06/22/83
NPRM	06/05/89	54 FR 23991
NPRM Comment Period End	10/03/89
Withdrawn	02/03/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: Post-hearing comments were due by October 9, 1990, and responses to post-hearing comments were due by December 10, 1990. In response to oral petitions from participants, the post-hearing comment period was extended to January 14, 1991. OSHA will use the information received in response to the proposal to develop a final rule.

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

RIN: 1218-AA28

2282. FALL PROTECTION SYSTEMS (PERSONAL PROTECTIVE EQUIPMENT) (PART 1910)

Significance: Subject to OMB review: Yes Economically significant: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart I

Legal Deadline: None

Abstract: Existing standards do not contain criteria for personal fall protection systems. Consequently, requirements containing criteria for personal fall protection systems would be added to 29 CFR part 1910; Subpart I, Personal Protection Equipment, to enhance employee protection from injury and death due to falls to different elevations.

Timetable:
Action	Date	FR Cite
NPRM	04/10/90	55 FR 13423
NPRM Comment Period End	08/22/90	55 FR 13423
Hearing	09/11/90	55 FR 29224
Combined with 1218-AB04	03/08/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: RIN 1218-AA48 was combined with RIN 1218-AB04.

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

RIN: 1218-AA48

2283. ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.137; 29 CFR 1910.269

Legal Deadline: None

Abstract: A major area of coverage not addressed in the current OSHA electrical standards for general industry (29 CFR 1910) involves the maintenance and operation practices associated with electrical transmission and distribution lines, substations and generating stations. It is intended that the proposed standard fill this void by establishing minimum requirements for electrical safety work practices for qualified employees working on or near installations whose purpose is the generation and distribution of electricity. The proposal also revises the standards for electrical protective equipment, which is used routinely for electrical power work.

Timetable:
Action	Date	FR Cite
NPRM	01/31/89	54 FR 4974
NPRM Comment Period End	06/01/89
Public Hearing Scheduled for 11/28/89	08/03/89	54 FR 31970
Reopening of the Record and Request for Public Comment	11/09/90	55 FR 47074
Final Action Section 1910.269(a)(2) effective January 31, 1995.	01/31/94	59 FR 4320
Final Action Effective	05/31/94

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected: Multiple

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

RIN: 1218-AA59

2284. FALL PROTECTION IN SHIPYARDS (PART 1915)

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

CFR Citation: 29 CFR 1915.201; 29 CFR 1915.202; 29 CFR 1915.203; 29 CFR 1915.73; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR 1915.77

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	11/29/88	53 FR 48166
NPRM Comment Period End	02/27/89
Withdrawn	02/15/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.21-1910.23.

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

RIN: 1218-AA66

2285. FACE, HEAD, EYE, AND FOOT PROTECTION (PERSONAL PROTECTIVE EQUIPMENT) (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: Existing standards for eye, face, head, and foot protection reference outdated national consensus standards which have been updated and improved. Consequently, criteria for personal protective equipment for eye, face, head, and foot would be revised to reflect improved developments in these types of equipment. This would allow the use of better personal protective equipment and would result in improved employee protection from eye, face, head, and foot hazards.

Timetable:
Action	Date	FR Cite
NPRM	08/16/89	54 FR 33832
NPRM Comment Period End	10/16/89
Public Hearing Held April 3, 1990	02/01/90	55 FR 3412
Final Action	04/06/94	59 FR 16334
Final Action Effective	07/05/94

Small Entities Affected: None

Government Levels Affected: None

RIN: 1218-AA71

2286. WELDING, CUTTING, AND BRAZING (PART 1910 AND PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.251; 29 CFR 1910.252; 29 CFR 1910.253; 29 CFR 1910.254; 29 CFR 1926.350; 29 CFR 1926.351; 29 CFR 1926.352; 29 CFR 1926.353; 29 CFR 1926.354

Legal Deadline: None

Abstract: OSHA proposes to revise and update its existing part 1910 and part 1926 subparts covering welding, cutting and brazing operations, and to develop performance-oriented standards designed to reduce the number of deaths and injuries due to unsafe equipment and unsafe operations. There has been no substantial revision to these subparts since their adoption in 1971. A complete and comprehensive revision is needed at this time to bring the standards into line with the current state-of-the-art and updated consensus standards. In developing its proposed revision for for welding provisions in Part 1910 (General Industry), OSHA has determined that similar revisions to the Part 1926 (Construction Industry) welding provisions are warranted.

Timetable:
Action	Date	FR Cite
Withdrawn	02/04/94

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected: Multiple

RIN: 1218-AA72

2287. WELDING, CUTTING, AND HEATING IN SHIPYARDS (PART 1915)

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

CFR Citation: 29 CFR 1915.51; 29 CFR 1915.52; 29 CFR 1915.53; 29 CFR 1915.54; 29 CFR 1915.55; 29 CFR 1915.56; 29 CFR 1915.57

Legal Deadline: None

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

Timetable:
Action	Date	FR Cite
NPRM	11/29/88	53 FR 48111
NPRM Comment Period End	02/27/89
Withdrawn	02/04/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.251-1910.252.

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

RIN: 1218-AA73

2288. HAZARD COMMUNICATION

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 33 USC 941; 40 USC 333; 5 USC 553

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.99; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

Legal Deadline: None

Abstract: OSHA promulgated a final rule on August 24, 1987, that extended the protections of its Hazard Communication Standard (HCS) from the manufacturing sector to all other workplaces where employees are exposed to hazardous chemicals. The HCS requires covered employers to establish hazard communication programs for their employees, including labels on containers, material safety data sheets, and training programs. On August 8, 1988, OSHA published a NPRM to modify the final rule, and provide an opportunity for public comment. Public comments have been received, hearings have been held, and OSHA will prepare a final rule based on the public record for this standard, including the record developed in earlier rulemakings.

Timetable:
Action	Date	FR Cite
ANPRM	11/27/85	50 FR 48794
ANPRM Comment Period End	02/25/86
NPRM	08/08/88	53 FR 29822
NPRM Comment Period End	10/28/88
Final Action	02/09/94	59 FR 6126
Final Action Effective	03/11/94

Small Entities Affected: None

Government Levels Affected: None

RIN: 1218-AB02

2289. HAZARDOUS MATERIALS (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart H

Legal Deadline: Final, Statutory, November 15, 1991.

Abstract: Standards in 29 CFR part 1910, subpart H, which address the storage, handling and use of hazardous materials, such as compressed gases, acetylene, hydrogen, oxygen, liquefied petroleum gases, and flammable and combustible liquids, will be revised. This regulatory action will provide a new approach to the revision of Subpart H and will occur in three phases in an expanded timeframe. The three phases will be: (1) Explosives, (2) Hazardous Liquids, and (3) Flammable and Compressed Gases. The first phase of the proposed action is intended to better project employees from hazards related to explosives. The remaining phases are intended to simplify, clarify and consolidate standards on hazardous materials and assist employers and employees in general industry to better understand and better understand and better focus on the hazards inherent in the use, handling, and storage of such materials.

Timetable:
Action	Date	FR Cite
Phase I Completed	02/24/92	57 FR 6356
Administrative Stay of Selected Provisions and Request for Comments	06/01/92	57 FR 23060
Effective Date of Stayed Provisions	08/27/92	57 FR 38600
Withdrawn	02/04/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: This action previously included four phases. One phase, Process Safety Management of Highly Hazardous Chemicals has been completed.

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

RIN: 1218-AB20

2290. SHIPYARD EMPLOYMENT: PHASE II (PART 1915)

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

Legal Deadline: None

Abstract: This regulatory action will complete the consolidation and updating of Parts 1915 and 1910 by providing shipyard employees with coverage under one comprehensive OSHA standard. This revision effort will involve the promulgation of 20 maritime subparts. Its completion will be done in stages and will relieve shipyard owners from the burden of having to comply with two sets of rules that are complex, prescriptive, confusing and, in some cases, conflicting. A previously identified project, Surface Preparation and Preservation (RIN 1218-AA96), will be included in this project.

Timetable:
Action	Date	FR Cite
Separated into two new RINs (1218-AB50 and 1218-AB51 are the new regulations)	03/08/94

Small Entities Affected: None

Government Levels Affected: None

RIN: 1218-AB22

2291. LEAD IN CONSTRUCTION

Legal Authority: Not yet determined

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: On November 14, 1978 (43 FR 52952), OSHA promulgated a standard that limited occupational exposures to lead. The standard also contained requirements for exposure monitoring, protective equipment, housekeeping and hygiene practices, medical surveillance, medical removal protection, posted areas and education and training. However, the scope of the standard did not include the construction industry. Lead exposures in the construction industry continued to be regulated by the air contaminants standard for construction (29 CFR 1926.55) which has no protective ancillary provisions such as those contained in the general industry standard. This standard adopted the 1970 American Conference for Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (200 ug/m3) which is four times the current standard for general industry. OSHA recognized that this level represents a potential for material impairment of health and is in the process of developing a proposal.

Timetable:
Action	Date	FR Cite
Interim Final Rule	05/04/93	58 FR 26590
Withdrawn	02/01/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: The Housing and Community Development Act (title IV, subtitle C, Section 1031) (October 28, 1992) requires the Secretary of Labor to adopt an interim final regulation (within 180 days) on occupational exposure to lead in the construction industry. Therefore, on May 4, 1993 (58 FR 26590), OSHA published an interim final rule for lead exposure in the construction industry. The regulation provides places of employment for employees which are as safe and healthful as those which would prevail under the Department of Housing and Urban Development Guidelines published on September 28, 1990. It is OSHA's intention to promulgate a permanent rule which will supersede the interim final rule.

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

RIN: 1218-AB34

2292. REPORTING OF FATALITY OR MULTIPLE HOSPITALIZATIONS

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904.8

Legal Deadline: None

Abstract: Concerns have been raised by Congress, OMB, OSHA, NIOSH, BLS, the National Academy of Sciences, GAO and representatives of business and labor about the reporting of fatalities and multiple hospitalizations. These include the procedures employers are required to follow, the length of time employers have to report the fatalities to OSHA, and the number of hospitalizations required before the employer must report the incident to OSHA. In particular, 48 hour reporting may allow too many workplace factors to change before OSHA can reach the worksite to perform an adequate investigation of the incident. In addition, there are concerns that the current regulation may not adequately inform employers of the need to report all occupational fatalities, including those that occur extended periods of time after the employee was originally injured. Benefits will include more accurate employer reporting of fatalities and multiple hospitalizations, an improved ability for OSHA to respond to serious accidents while evidence is still "fresh," an improved count of fatalities and multiple hospitalizations and an upgraded data base for researchers and policy officials.

Timetable:
Action	Date	FR Cite
NPRM	05/19/92	57 FR 21222
NPRM Comment Period End	08/17/92
Final Action	04/01/94	59 FR 15594
Final Action Effective	05/02/94

Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local

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

RIN: 1218-AB35

2293. HAZARD COMMUNICATION (MSDS)

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

Abstract: The Hazard Communication Standard (HCS) is a generic, performance-oriented rule which provides workers exposed to hazardous chemicals with the right-to-know about their hazards, identities, and ways to prevent exposure. The HCS requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and to develop container labels and more detailed technical bulletins called material safety data sheets (MSDSs) regarding those hazards and associated protective measures. On May 17, 1990 (55 FR 20480), OSHA published a request for comments and information (RFI) in the Federal Register to solicit public input on experiences regarding HCS implementation, and suggestions for improving the quality of information provided. Nearly 600 responses were received by OSHA in response to the RFI. By far the issue of greatest concern to the commenters was the standardization of the format or order of information for the MSDSs. Users of MSDSs believe that standardization will allow the MSDSs to be used more effectively; will make training easier; and will facilitate electronic (CONT)

Timetable:
Action	Date	FR Cite
Withdrawn	02/03/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: storage and retrieval of MSDS information. There was also significant support for standardization of label information. In addition to issues related to format, there are concerns regarding the comprehensibility of the MSDS information and international harmonization of chemical safety and health information. OSHA intends to develop a notice of proposed rulemaking (NPRM) to address the issues described above.

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

RIN: 1218-AB43

2294. COKE OVEN EMISSIONS

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: On January 28, 1992, the White House imposed a 90-day moratorium on regulations and directed the heads of selected Executive branch, departments, and agencies, including the Department of Labor, to evaluate existing regulations to identify those imposing unnecessary regulatory burdens; those that have failed to keep pace with technological innovations; and those that contain unnecessarily prescriptive requirements. In response to the President's request, the Department of Labor initiated a Request for Public Comment on the moratorium (57 FR 6301, February 24, 1992). As a result, OSHA identified the medical surveillance is to identify health problems caused by occupational exposure when intervention is likely to be of value. In theory, early diagnosis by medical surveillance would lead to increasing rates of cure. However, medical surveillance under the Coke Oven Standard attempts to recognize workers who have already developed severe illness (i.e., cancer of the lung or kidney) that requires extensive medical and/or surgical intervention. It has been brought to OSHA's attention that sputum cytology (CONT)

Timetable:
Action	Date	FR Cite
Combined with 1218-AB00	03/11/94

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: monitoring of coke oven workers rarely, if ever, detects lung cancer in early stages. Also, the safety of semi-annual chest x-rays has been questioned. For these reasons, OSHA will initiate 6(b) rulemaking to update the Coke Oven Emissions Standard.

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

RIN: 1218-AB44

2295. GRAIN HANDLING

Legal Authority: Not yet determined

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: OSHA will announce that the existing record used to develop the final rule for grain handling facilities is sufficiently complete to support a conclusion on whether OSHA should expand the 1/8th inch action level dust clean up level (in grain elevators) beyond the standard's specified priority housekeeping areas. The grain handling standard's requirements concerning the control of dust accumulations was intended to decrease the number and mitigate the effects of fires and explosions in grain handling facilities. Additionally, OSHA will announce its conclusion that it will not initiate further rulemaking to expand the 1/8th inch action level provision beyond those priority housekeeping areas already specified by the standard.

Timetable:
Action	Date	FR Cite
Final Decision Statement Effective	04/01/94
Final Decision Statement	04/01/94	59 FR 15339

Small Entities Affected: None

Government Levels Affected: None

RIN: 1218-AB49

[FR Doc. 94-8050 Filed 04-22-94; 8:45 am]