Semiannual Regulatory Agenda | Occupational Safety and Health Administration

Publication Date:

05/08/1995
Publication Type:

Notice
Fed Register #:
60:23571-23583
Title:

Semiannual Regulatory Agenda

Note: This section for The Department of Labor (OSHA) is on pages 23540-23541
Occupational Safety and Health Administration - Proposed Rule Stage
Sequence Number	Title	Regulation Identifier Number
2142	Respiratory Protection (Proper Use of Modern Respirators)	1218-AA05
2143	Steel Erection (Part 1926) (Safety Protection for Iron Ironworking)	1218-AA65
2144	Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/ Illness Recordkeeping Requirements	1218-AB24
2145	Control of Hazardous Energy (Lockout/Tagout)-Construction (Part 1926) (Preventing Construction Injuries/Fatalities: Lockout/Tagout	1218-AB30
2146	Powered Industrial Truck OperatorTraining (Industrial Truck Safety Training)	1218-AB33
2147	Ergonomic Protection Standard	1218-AB36
2148	Comprehensive Occupational Safetyand Health Programs	1218-AB41
2149	Occupational Exposure toHexavalent Chromium (PreventingOccupational Illness: Chromium)	1218-AB45
2150	Occupational Exposure toTuberculosis	1218-AB46
2151	Confined Spaces for Construction (Part 1926) (Construction: Preventing Suffocation/ Explosions in Confined Spaces)	1218-AB47
2152	Miscellaneous Amendments to the Safety Standards for the Construction Industry (Part 1926) (Construction: Clarifications and Updates of Miscellaneous Provisions)	1218-AB48
2153	General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II) (Shipyards: General Working Conditions)	1218-AB50
2154	Fire Protection in Shipyuard Employment (Part 1915,Subpart P)(Phase II) Shipyards: Fire Safety)	1218-AB51
2155	Permit Required Confined Spaces (General Industry: Preventing Suffocation/Explosions in Confined Spaces)	1218-AB52

Occupational Safety and Health Administration - Final Rule Stage
Sequence Number	Title	Regulation Identifier Number
2156	Scaffolds (Part 1926) (Construction: Safer Scaffolds)	1218-AA40
2157	Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part 1917) (Shipyards: Protecting Longshoring Workers)	1218-AA56
2158	Scaffolds in Shipyards (Part 1915 - Subpart N)(Phase I)(Shipyards: Safer Scaffolds)	1218-AA68
2159	Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I) (Shipyards: Emergency Exits and Aisles)	1218-AA70
2160	Personal Protective Equipment in Shipyards (Part 1915)(Shipyards: Goggles, Gloves, and Other PPE)	1218-AA74
2161	1,3-Butadiene (Preventing Occupational Illness: Butadiene)	1218-AA83
2162	Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates Protecting Reproductive Health	1218-AA84
2163	Methylene Chloride (Preventing Occupational Illnesses: Methylene Chloride)	1218-AA98
2164	Walking Working Surfaces and Personal Fall Protection Systems (Part 1910)(Slips, Trips, and Falls Prevention)	1218-AB04
2165	Air Contaminants Rule for Construction, Agriculture and Maritime (Modernization of Chemical Exposure Limits)	1218-AB26
2166	Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)	1218-AB27
2167	Indoor Air Quality in the Workplace	1218-AB37
2168	Abatement Verification (Hazard Correction)	1218-AB40

Occupational Safety and Health Administration - Completed/Longterm Actions
Sequence Number	Title	Regulation Identifier Number
2169	Logging Operations (Part 1910)	1218-AA52
2170	Medical Surveillance Programs for Employees	1218-AB00
2171	Exposure Assessment Programs for Employees Exposed to Hazardous Chemicals	1218-AB01
2172	Occupant Protection in Motor Vehicles (Prevention of Motor Vehicle Fatalities)	1218-AB28
2173	Crane Safety	1218-AB38

Note: This section for The Department of Labor (OSHA)
is on pages 23571-23583.

DEPARTMENT OF LABOR (DOL)

Proposed Rule Stage

Occupational Safety and Health Administration (OSHA)

2142. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS)

Priority: Other Significant

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: Under the Reagan Administration, OSHA issued an ANPRM on respirators to address 6,850-11,000 cancer fatalities and 66,500 illnesses occurring annually. Existing standards had been in place for more than 20 years and did 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 reviewed the current standards and issued a proposal to modernize the requirements on November 15, 1994 (59 FR 58884). In developing the proposal, OSHA worked closely with the National Institute of Occupational Safety and Health (NIOSH) and the Mine Safety and Health Administration (MSHA). The public comment period was extended until April 14, 1995 and public hearings will begin June 6, 1995.

Timetable:

Action	Date	FR Cite
ANPRM	05/14/82	47 FR 20803
ANPRM Comment Period End	09/13/82
Public Comment Period on Preproposal Draft Ends	11/29/85
NPRM	09/00/96

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting 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

2143. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKING)

Priority: Economically Significant

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 1989, OSHA was petitioned by the Iron Workers and National Erectors Association to revise its construction safety standard concerning steel erection activities through the negotiated rulemaking process. The existing standard contains requirements for the safe erection of steel buildings as well as requirements dealing with fall protection for ironworking during the erection process. The magnitude of the risk associated with steel erection activities is extremely high. It is estimated that over 100 workers are killed every year in falls from elevations during steel erection activities. Falls are currently the number one killer of construction workers, and since the erection of buildings necessarily involves high exposure to falls, the central focus of this rule will be to eliminate or reduce the risks associated with falls. All other construction trades are afforded a higher level of protection from falls by other rules in the construction safety and health standards.

OSHA announced in the December 29, 1992, Federal Register that it intended to form a negotiated rulemaking advisory committee to develop a proposed rule on this issue. The notice identified four primary issues to be negotiated including: 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 received through March 29, 1993. On May 11, 1994, OSHA announced establishment of the Steel Erection Negotiated Rulemaking Advisory Committee (SENRAC). The SENRAC has met in Bethesda, MD on June 14-16; Denver, CO on July 11-13; Boston, MA on August 16-18; in Washington, DC on September 20-22; in St. Louis, MO on November 8-10; and in Washington, DC on December 6-8.

The use of negotiated rulemaking process is thought to be the best approach to resolving the issues involving steel erection safety since the Agency has attempted other approaches over the last 10 years without success. The negotiated rulemaking process is bringing the interested parties together in an attempt to achieve consensus on these issues.

Timetable:

Action	Date	FR Cite
Notice of Committee Establishment	05/11/94	59 FR 24389
NPRM	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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

2144. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
(SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS)

Priority: Other Significant

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, NIOSH, BLS, the National Academy of Sciences, OMB, the General Accounting Office, business, labor, as well as OSHA. In the late 1980's, a professional facilitator group, the Keystone Group, brought together representatives of industry, labor, government, and academia to discuss problems with OSHA's recordkeeping system. This group issued a report with recommendations to OSHA on how to improve the system. OSHA's revisions are based on this report.

The revisions of the regulations, forms, and associated interpretive material are being undertaken to simplify the injury and illness recordkeeping system. 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) availability of comprehensive records of the injury and illness experience at a given site; and (4) enhanced employee involvement and awareness in safety and health matters.

Timetable:

Action	Date	FR Cite
NPRM	06/00/95

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

2145. CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT) -- CONSTRUCTION (PART 1926) (PREVENTING CONSTRUCTION INJURIES/FATALITIES: LOCKOUT/TAGOUT)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: OSHA was petitioned by UAW in May 1979 to issue an emergency temporary standard for locking out machinery and equipment. OSHA did not issue an emergency temporary standard, but did issue a general industry rule on September 1, 1989 (54 FR 36644). Still, OSHA has not yet issued a rule for the preventing accidents during equipment repair and maintenance for the construction industry. 4,000,000 workers annually are exposed to this hazard in the workplace. As a result, OSHA intends to issue a proposal to address this industry.

Hazards at construction sites resulting from the absence of effective lockout/tagout procedures to control hazardous energy appear to be caused by several factors, all associated with the nature of the construction industry. These factors basically related 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. 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.

Timetable:

Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas H. Seymour, Acting 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

2146. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING (INDUSTRIAL TRUCK SAFETY TRAINING)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.178

Legal Deadline: None

Abstract: This is the second leading cause of fatalities in the private sector, behind only highway vehicle fatalities. On average, there are 107 fatalities and 38,330 injuries annually in the workplace.

The present standard has proven to be ineffective in reducing the number of accidents involving powered industrial trucks. As a result, there has been strong Congressional interest that OSHA issue a new standard to more effectively address this hazard. OSHA intends to revise the present standard to increase its effectiveness by requiring, in performance language, initial and refresher training as necessary. The frequency of the refresher training will be based upon the ability of the vehicle operator to retain the knowledge, skills and abilities to perform the job safely. OSHA will also given 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	03/14/95	60 FR 13782
NPRM Comment Period End	07/12/95
Final Action	09/00/97

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas H. Seymour, Acting 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

2147. ERGONOMIC PROTECTION STANDARD

Priority: Economically Significant

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: Under the Bush Administration, OSHA issued an ANPRM on ergonomics on August 3, 1992 (57 FR 34192). The Bureau of Labor Statistics (BLS) has reported the number of reported "disorders associated with repeated trauma'' have more than tripled since 1984. BLS reported 302,000 cases of these potentially crippling disorders in 1993. The cost of musculoskeletal disorders is also increasing rapidly. Workers may become permanently disabled, or require costly treatments such as surgery. Musculoskeletal disorders account for an increasingly large proportion of workers' compensation costs, and for other costs such as those related to lost work days. OSHA received about 280 comments in response to the ANPRM comment period. OSHA is reviewing these comments, 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. The data OSHA has obtained and analyzed indicate that employees are at a significant risk of developing or aggravating musculoskeletal disorders due to exposure to risk factors in the workplace. In addition, information OSHA has obtained from site visits, scientific literature, compliance experience, and other resources indicate that there are economically and technologically feasible means of addressing and reducing these risks to prevent the development or aggravation of such disorders, or to reduce their severity.

Timetable:

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

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Barbara Silverstein, Special Assistant for Ergonomic Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3476, FP Building, Washington, DC 20210, 202 219-8020

RIN: 1218-AB36

______________________________________________________________________

2148. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Priority: Economically Significant

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: Under the Bush Administration, OSHA adopted nonmandatory guidance for safety and health program management on January 26, 1989 (54 FR 3904). These guidelines were based on the safety and health management practices used by employers that have implemented successful comprehensive programs. The major elements OSHA identified are (1) management commitment and employee involvement, (2) worksite analysis to anticipate and prevent harmful occurrences, (3) hazard prevention afforded to 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 the 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, participating sites reported improved employee morale and productivity as a secondary benefit. There has been strong Congressional interest on this issue with legislation introduced in both Houses in the past several sessions. The General Accounting Office issued a report entitled, "Workplace Safety and Health Programs Show Promise,'' (GAO/HRD 92-68; May 1992) which suggested that these programs can be a positive effect on safety and health at the worksite.

OSHA plans to publish a proposal that will address the need for employers to develop and implement a safety and health program for their workplaces to protect the potentially 90,000,000 workers at risk. OSHA will raise other issues, including how programs will pertain to small businesses.

Timetable:

Action	Date	FR Cite
NPRM	00/00/00

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Thomas H. Seymour, Acting 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-AB41

2149. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING

OCCUPATIONAL ILLNESS: CHROMIUM)

Priority: Other Significant

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 to lower the permissible exposure limit (PEL) for hexavalent chromium compounds (CrCL) to 0.5 micrograms of hexavalent chromium per cubic meter of air (ug/ms) as an eight hour, time weighted average (TWA). The current PEL is 100 ug/m3, as an 8-hour time-weighted average. Occupational exposure to hexavalent chromium is known to cause lung cancer, bronchial asthma, nasal septum perforations, skin ulcers, and irritative dermatitis. CrVL includes chromic acid, chromates, lead chromate, and zinc chromate, all measured as Cr03. OSHA thoroughly reviewed the petition. While OSHA agrees that there is clear evidence that exposure to CrVL at the current PEL of 100 ug/m3 can result in significant risk of lung cancer and other CrVL-related illnesses, based on the Agency's analysis, OSHA finds that the currently available data are not sufficiently definitive in certain critical areas to support the need for an ETS, particularly in light of the extremely stringent statutory criteria for issuing and sustaining such action. While OSHA is denying the petition for an ETS, the Agency will issue a Section 6(b) rulemaking action to be responsible to the stakeholders' requests and to protect the 200,000-700,000 workers exposed to hazards of chromium annually.

Timetable:

Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting 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 ______________________________________________________________________

2150. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Priority: Economically Significant

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Since 1985, the rate of new cases of tuberculosis in the general U.S. population has increased approximately 23 percent reversing a 30-year downward trend. In 1992, more than 26,000 new cases of active tuberculosis were reported in the U.S. In New York City alone, 3,700 cases of active tuberculosis were reported in 1991. TB is a contagious disease that causes infections of the lung primarily, but which can occur in other areas of the body. Some of the symptoms are fatigue, weight loss, fever, night sweats, loss of appetite, persistent cough and shortness of breath, which may result in serious respiratory illness or death. On August 25, 1993, OSHA was petitioned by the Labor Coalition to right TB in the Workplace to initiate rulemaking for a permanent standard to protect workers against occupational transmission of TB. Although the Centers for Disease Control and Prevention (CDC) have developed recommendations for controlling the spread of TB 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, noncompliance with CDC's TB control guidelines was evident. After reviewing the available information, OSHA preliminarily concluded that significant risk of occupational transmission of TB does exist for some workers. The Agency is currently developing a proposed rule that would require certain employers to take steps to eliminate or minimize employee exposure to TD.

Timetable:

Action	Date	FR Cite
NPRM	10/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB46

2151. CONFINED SPACES FOR CONSTRUCTION (PART 1926) (CONSTRUCTION:

PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: In January 1993, OSHA issued a general industry rule on preventing suffocation/explosions in confined spaces. (58 FR 4462) This standard did not apply to the construction industry because of differences in the nature of the worksite. In discussions with the United Steel Workers of America on a settlement agreement for the general industry standard, OSHA agreed to issue a standard to extend the protection to construction workers, appropriate to their work environment. 1,000,000 construction workers are exposed to this hazard annually.

Timetable:

Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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

2152. MISCELLANEOUS AMENDMENTS TO THE SAFETY STANDARDS FOR THE

CONSTRUCTION INDUSTRY (PART 1926) (CONSTRUCTION: CLARIFICATIONS AND

UPDATES OF MISCELLANEOUS PROVISIONS)

Priority: Substantive, Nonsignificant

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: As endorsed by the Advisory Committee on Construction for Occupational Safety and Health, this OSHA standard will clarify and revise several relatively minor problems with existing construction safety standards to ease compliance with the requirements. 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 standard, (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 H. Seymour, Acting 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

2153. GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915, SUBPART F)

(PHASE II) (SHIPYARDS: GENERAL WORKING CONDITIONS)

Priority: Substantive, Nonsignificant

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: Under the Reagan Administration, OSHA embarked on a project to update and consolidate the varying OSHA standards that were 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. Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six subparts of shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action is endorsed by the Shipyard Advisory Committee which was chartered in 1989 to update and consolidate existing shipyard standards. This particular proposal will consolidate and update the provisions of 29 CFR 1910 (general industry) and 29 CFR (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, first aid, and lockout/tagout. About 75,000 workers are exposed annually to these hazards.

Timetable:

Action	Date	FR Cite
NPRM	12/00/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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

2154. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P)

(PHASE II) (SHIPYARDS: FIRE SAFETY)

Priority: Substantive, Nonsignificant

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

Legal Deadline: None

Abstract: Under the Reagan Administration, OSHA embarked on a project to update and consolidate the varying OSHA standards that were applied in the shipbuilding, ship repair, 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 landslide operations. This resulted in inconsistent, and sometimes contradictory, requirements for essentially the same operation. Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six subparts of shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action is endorsed by the Shipyard Advisory Committee which was chartered in 1989 to update and consolidate existing shipyard standards. This particular proposal will consolidate and update the provisions of 29 CFR 1910 and 29 CFR 1915 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 extinguishers, sprinkler systems, detection systems, alarm systems, fire watches, and emergency plans. 100,000 workers are potentially exposed to these hazards annually.

Timetable:

Action	Date	FR Cite
NPRM	03/00/96

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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

2155. * PERMIT REQUIRED CONFINED SPACES (GENERAL INDUSTRY: PREVENTING

SUFFOCATION/EXPLOSIONS IN CONFINED SPACES)

Priority: Substantive, Nonsignificant

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910-146

Legal Deadline: None

Abstract: OSHA issued a final standard on preventing suffocation/ explosions in confined spaces in general industry on January 14, 1993 (58 FR 4462). OSHA reached a settlement agreement with the United Steel Workers of America in June 1994. As part of this settlement agreement, OSHA issued a proposal on November 28, 1994 (59 FR 60735) proposing minimal revisions to paragraph (k) of the existing rule to clarify the standard and to make compliance easier. OSHA has proposed to state more clearly the employer's duty to ensure effective rescue capability for employees who enter permit-required confined spaces and to allow more flexibility in the point of a retrieval line attachment. OSHA is also asking whether the standard should have provisions to provide affected employees or their representatives with the opportunity to observe the evaluation of confined spaces, including atmospheric testing or monitoring, and to have access to evaluation results.

Timetable:

Action	Date	FR Cite
ANPRM	11/28/94	59 FR 60735
ANPRM Comment Period End	02/27/95	59 FR 60735
NPRM	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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-AB52

DEPARTMENT OF LABOR (DOL)

Final Rule Stage

Occupational Safety and Health Administration (OSHA)

2156. SCAFFOLDS (PART 1926) (CONSTRUCTION: SAFER SCAFFOLDS)

Priority: Substantive, Nonsignificant

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: Under the Reagan Administration, OSHA issued a proposal (51 FR 42680) to address the 23 fatalities and 15,600 injuries still occurring annually from scaffolds in the construction industry. The existing OSHA standard is poorly formatted and contains unnecessary 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.

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	05/00/95

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas H. Seymour, Acting 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

2157. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) AND

MARINE TERMINALS (PART 1917) (SHIPYARDS: PROTECTING LONGSHORING WORKERS)

Priority: Substantive, Nonsignificant

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: Current longshoring standards have been in place since 1960. The 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. Since much of the current standard is out-of-date, there are problems with compliance. Settlement agreements following the 1983 Marine Terminal standard (49 FR 30886), identified problems with OSHA's existing longshoring standard. Also, the International Longshoremen's and Warehousemen's Union and the National Maritime Safety Association requested revisions to the current standard. On June 6, 1994, (59 FR 28594) OSHA issued a proposal to address the 18 fatalities and 7,593 injuries occurring annually. The proposed revised requirements will provide both employers and employees with a blueprint for modern, effective, and safe work practices in the cargo handling industry. OSHA held public hearings on this proposal and the record closed 4/30/95.

Timetable:

Action	Date	FR Cite
NPRM	06/06/94	59 FR 28594
NPRM Comment Period End	09/23/94
Final Action	03/00/96

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected: 44 Water Transportation

RIN: 1218-AA56

2158. SCAFFOLDS IN SHIPYARDS (PART 1915 - SUBPART N) (PHASE I)

(SHIPYARDS: SAFER SCAFFOLDS)

Priority: Substantive, Nonsignificant

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: Under the Reagan Administration, OSHA embarked on a project to update and consolidate the varying OSHA standards that were 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. Phase 1 of this project aimed at establishing a truly vertical standard for shipyard employment and addressed six subparts of shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these hazards were issued in November 1988 (53 FR 48092). The remaining hazards were categorized as Phase II of the consolidation project (including general work practices and fire safety). This action is endorsed by the Shipyard Advisory Committee which was chartered in 1989 to update and consolidate existing shipyard standards. This particular regulatory action will revise the existing shipyard employment standards covering scaffolds and will consolidate all related and applicable 29 CFR part 1910 provisions. It will develop, in part, performance-oriented standards, address current gaps in coverage, address new technology, and eliminate outmoded and redundant provisions.

Timetable:

Action	Date	FR Cite
NPRM	11/29/88	53 FR 48182
NPRM Comment Period End	02/27/89
Reopened Record Comment Period Ended	6/13/94 04/12/94	59 FR 17290
Final Action	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.

RIN: 1218-AA68

2159. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE I)

(SHIPYARDS: EMERGENCY EXITS AND AISLES)

Priority: Substantive, Nonsignificant

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

This particular standard will revise the existing shipyard employment standards covering access and egress and will consolidate all related and applicable 29 CFR part 1910 provisions into 29 CFR part 1915. The revision will develop, in part, performance-oriented standards, address current gaps in coverage, address new technology, and eliminate outmoded and redundant provisions. 75,000 workers are potentially exposed to these hazards annually.

Timetable:

Action	Date	FR Cite
NPRM	11/29/88	53 FR 48130
NPRM Comment Period End	02/27/89
Final Action	09/00/95

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.

RIN: 1218-AA70

2160. PERSONAL PROTECTIVE EQUIPMENT IN SHIPYARDS (PART 1915)

(SHIPYARDS: GOGGLES, GLOVES, AND OTHER PPE)

Priority: Substantive, Nonsignificant

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

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

This particular standard will be, in part, performance-oriented and will address current gaps in coverage, recognizing new technology, and eliminate outmoded or redundant provisions. It will consolidate 29 CFR part 1915 and applicable 29 CFR part 1910 standards into one set of provisions regarding gloves, goggles, and other personnel protective equipment.

Timetable:

Action	Date	FR Cite
NPRM	11/29/88	53 FR 48150
NPRM Comment Period End	02/27/89
Reopened Record Comment Period Ends	8/22/94 07/06/94	59 FR 34586
Final Action	09/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.132-1910.138. The public record has been reopened for 45 days to incorporate the general industry records for PPE (S-060) and personal fall protection equipment (S-057) so that final regulations for PPE used in shipyards and in general industry can be consistent where appropriate.

Agency Contact: Thomas H. Seymour, Acting 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

2161. 1,3-BUTADIENE (PREVENTING OCCUPATIONAL ILLNESS: BUTADIENE)

Priority: Substantive, Nonsignificant

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.

Agency Contact: John Martonik, Acting 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-AA83

2162. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR

ACETATES PROTECTING REPRODUCTIVE HEALTH

Priority: Other Significant

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	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting 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-AA84

2163. METHYLENE CHLORIDE (PREVENTING OCCUPATIONAL ILLNESSES:

METHYLENE CHLORIDE)

Priority: Other Significant

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1052; 29 CFR 1926.1162

Legal Deadline: None

Abstract: In July 1985, OSHA was petitioned by the UAW to issue a hazard alert; issue an emergency temporary standard; and to begin work on a new permanent standard for methylene chloride. This request was based on information obtained from the EPA and the National Toxicology Program indicating that DCM is an animal carcinogen and may have the potential to cause cancer in humans. An estimated 209,479 workers are exposed to the hazards of MC annually. 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 ANPRM 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 that were held in Washington, DC September 16-24 and in San Francisco, CA on October 14-16, 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. The record was reopened on March 11, 1994, for 45 days to address MC exposure in the furniture stripping industry, an NCI study relating brain cancer to occupational exposure to MC, and information regarding the use of MC as a solvent in adhesive formulation in flexible foam manufacturing.

Timetable:

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AA98

2164. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS

(PART 1910) (SLIPS, TRIPS, AND FALLS PREVENTION)

Priority: Regulatory Plan

Legal Authority: 29 USC 655(b)

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

Legal Deadline: None

Abstract: The Bureau of Labor Statistics (BLS) reported from the 1987 and 1988 annual surveys that falls accounted for 12 percent of all deaths of employees in workplaces with 11 or more employees. NIOSH, in their publication "Fatal Injuries to Workers in the United States, 1980-1989: A Decade of Surveillance,'' reports that deaths from falls are the fourth leading cause of occupational fatalities, account for 10 percent of all deaths in the workplace. According to the Insurance Institute for Highway Safety, falls are the second largest cause of occupational fatalities, next after deaths due to over-the-road motor vehicle accidents. Falls are second only to motor vehicle accidents as a cause of brain injuries.

The existing standards for walking/working surfaces are out-of-date, restrict technological innovation, and contain gaps in coverage. Currently, there are no standards for personal fall protection systems that cover all general industry applications. This action would revise the existing regulations for walking/working surfaces (29 CFR part 1910, subpart D) and add new coverage for personal fall protection systems to the current personal protective equipment standards (29 CFR part 1910, subpart I). OSHA has determined that hazards associated with walking and working surfaces persist and must be addressed with improved standards. The OSHA preliminary regulatory impact analysis estimated that 105,000 disabling injuries and 132 fatalities occur annually which would be addressed by this standard. Special studies have also been developed in order to gain a better understanding of the nature and causes of employee injuries, and the methods required for reducing their numbers. One such study on ladders, conducted by BLS, indicated that in about 55 percent of the accidents where employee injuries occurred, the ladder either moved, slipped, fell or broke. The study also indicated that ladders were not secured or braced in about 50 percent of the injury incidents. Furthermore, in nearly 60 percent of the incidents, employees were carrying something in their hands at the time of the incident. The proposed standards will address these problems by requiring design criteria and employee training in the use of ladders.

Another study of scaffold fatalities and catastrophes developed by OSHA indicated that 90 percent of fatally injured employees were performing their normal job activities. Fifty-five percent of these employees were performing their basic or primary work tasks.

The new standards would use a performance-oriented approach to permit flexibility for compliance and to encourage innovation. New criteria for personal fall protection systems would be added to assure that this type of equipment functions properly and is used correctly. The new standards will reduce risks to workers by providing clearer, up-to-date requirements to minimize fall hazards. The standards will also cover new areas of fall protection such as special surfaces and manhole steps, and the use of qualified climbers. The new standards will also recognize personal fall protection systems as an acceptable option for fall protection, as well as provide the criteria to assure that such systems will safely stop a worker's fall.

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	11/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: Because RINs 1218-AB05 and 1218-AA48 will be issued concurrently, they have been combined under this RIN 1218-AB04.

RIN: 1218-AB04

2165. AIR CONTAMINANTS RULE FOR CONSTRUCTION, AGRICULTURE AND

MARITIME (MODERNIZATION OF CHEMICAL EXPOSURE LIMITS)

Priority: Other Significant

Legal Authority: 29 USC 655; 29 USC 657

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

Legal Deadline: None

Abstract: This regulatory action is in response to a recent Court ruling. OSHA issued permissible exposure limits (PELs) for hundreds of toxic substances in 1971, based on national consensus standards. New developments in technology and emerging scientific data indicated that many of the PELs were obsolete because significant risk of cancer and other chronic disease is related to current exposure limits. As a result, OSHA attempted to address the exposure limits. On January 19, 1989, OSHA published a final standard to update the PELs for general industry for the toxic substances originally covered in 1971, and other substances requested by public commenters. On June 12, 1992, (57 FR 26001) OSHA published a proposed rule to establish corresponding PELs for the construction, maritime, and agriculture industries. On July 10, 1992, the Eleventh Circuit Court for Appeals overturned OSHA's standard for general industry, citing the Agency's generic rulemaking approach as inadequate. While determining appropriate action, OSHA delayed public hearings and indefinitely extended the public comment period for the construction, agriculture and maritime industries. OSHA intends to publish a new proposal to address its inadequate PELs for general industry, construction, maritime, and agriculture.

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

RIN: 1218-AB26

2166. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE

OPERATIONS (PART 1910)

Priority: Other Significant

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: The Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499) established the criteria under which OSHA should develop and promulgate the Hazardous Waste Operations and Emergency Response standards. OSHA issued an interim final standard on December 19, 1986, (51 FR 45654) to comply with the law requirements. OSHA issued a permanent final rule for provisions on training to replace this interim rule on March 9, 1989 (29 CFR 1910.120).

On December 22, 1987, as part of an omnibus budget reconciliation bill (PL 100-202), section 126(d)(3) of SARA was amended to include accreditation of training programs for hazardous waste operations. OSHA issued a proposal on January 26, 1990 (55 FR 2776) addressing this issue. OSHA held a public comment period following the issuance of the proposal and held a limited reopening of the public record in June 1992 to allow additional public comment on an effectiveness of training study conducted by OSHA. OSHA has also developed nonmandatory guidelines to further address minimum training criteria.

Timetable:

Action	Date	FR Cite
NPRM	01/26/90	55 FR 2776
NPRM Comment Period End	04/26/90	55 FR 2776
Final Action	06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas H. Seymour, Acting 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

2167. INDOOR AIR QUALITY IN THE WORKPLACE

Priority: Economically Significant

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1910.1033

Legal Deadline: None

Abstract: OSHA was petitioned in March 1987 by the Action on Smoking or Health (ASH), Public Citizen, and the American Public Health Association to issue an emergency temporary standard on environmental tobacco smoke (ETS) in the workplace. In March 1992, OSHA was petitioned by the AFL-CIO to establish workplace IAQ standards. In December 1992, ASH again petitioned for rulemaking on ETS. In January 1993, Labor Secretary Lynn Martin, under the Bush Administration, directed OSHA to begin rulemaking to address the hazards of exposure to ETS.

Everyday, more than 20 million American workers face an unnecessary health threat because of poor indoor air quality (IAQ) and ETS in the workplace. Thousands of heart disease deaths, hundreds of lung cancer deaths, respiratory disease, legionnaire's disease, asthma, and other ailments are linked to this occupational hazard. More specifically, it is estimated that each year, there are approximately 700 cases of lung cancer and 13,000 deaths from heart disease among nonsmoking workers exposed to ETS. Further, America's workers are at risk of developing over a hundred thousand upper respiratory symptoms, as well as many thousands of headaches from poor indoor air quality. EPA estimates that 20 to 35 percent of all workers in modern mechanically ventilated buildings may experience air-quality problems that could result in illnesses, absenteeism, lost productivity, and discomfort.

Surveys have estimated that as many as 85 percent of the polled companies had some sort of smoking restriction in place, due to either concerns about production safety or employee health and safety. The fact that this is a national problem suggests that it should be solved at the Federal level.

OSHA published a Request for Information on September 20, 1991, to collect information to determine if a standard regulating indoor air quality is justified and feasible. Information was requested on the ventilation system performance necessary to optimize indoor air quality, techniques for improving ventilation, building maintenance programs, existing workplace indoor air policies, and local and State laws addressing indoor air quality.

After reviewing and analyzing available information, OSHA published a proposed rule on April 5, 1994. The proposal would require employers to write and implement indoor air quality compliance plans that would include inspection and maintenance of current building ventilation systems to ensure they are functioning as designed. In buildings where smoking is allowed, the proposal would require designated smoking areas that would be separate, enclosed rooms where the air would be exhausted directly to the outside. Other proposed provisions would require employers to maintain healthy air quality during renovation, remodeling and similar activities. The provisions for indoor air quality would apply to 70 million workers and more than 4.5 million nonindustrial indoor work environments, including schools and training centers, offices, commercial establishments, health care facilities, cafeterias and factory break rooms. ETS provisions would apply to all 6 million industrial and nonindustrial work environments under OSHA jurisdiction. OSHA preliminarily estimates that 5,583 to 32,502 cancer deaths and 97,700 to 577,818 coronary heart diseases related to occupational exposure to ETS will be prevented over the next 45 years. This represents 140 to 722 cancer deaths and 2,094 to 13,001 heart diseases each year. OSHA preliminarily estimates that the proposed standard will prevent 4.5 million upper respiratory problems over the next 45 years. This is approximately 105,000 upper respiratory symptoms per year. These estimates understate the prevalence of building-related symptoms since they only reflect excess risk in air conditioned buildings.

Timetable:

Action	Date	FR Cite
Request for Information	09/20/91	56 FR 47892
Comment Period End	01/21/92	56 FR 47892
NPRM	04/05/94	59 FR 15968
NPRM Comment Period End	08/13/94	59 FR 30560
Final Action	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB37

2168. ABATEMENT VERIFICATION (HAZARD CORRECTION)

Priority: Substantive, Nonsignificant

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 cited hazards. A May 1991, General Accounting Office report entitled, "Options to Improve Hazard-Abatement Procedures in the Workplace,'' pointed out deficiencies in OSHA's abatement procedures and how they could be improved. The Department of Labor Inspector General, as well as OSHA's internal audits, also identified similar problems. Currently, unless an employer voluntarily complies with OSHA's request to submit documentation, OSHA has no means to require employers to submit proof of hazard abatement. From 1972 to the present, OSHA has implemented several administrative measures to induce employers to provide abatement documentation, but at least 30 percent of cited employers still do not voluntarily do so. OSHA's April 19, 1994, proposal (29 FR 18508) would require cited employers to provide hazard abatement documentations. The NPRM addresses 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.

Timetable:

Action	Date	FR Cite
NPRM	04/19/94	59 FR 18508
NPRM Comment Period End	07/18/94
Final Action	06/00/95

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

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

2169. LOGGING OPERATIONS (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.266 (Revision)

Legal Deadline: None

Abstract: Under the Bush Administration, on May 2, 1989, OSHA issued a proposal on to amend the existing pulpwood logging standard 29 CFR 1910.266. The existing standard covered only the pulpwood logging industry which accounts for less than half of the logging activity in the United States. The entire logging industry has an incidence rate nearly twice that of manufacturing, and a lost workday rate nearly four times as high. On October 12, 1994, OSHA published a final standard addressing the ever-present hazards of chain saw operations, falling objects (trees, branches), rolling or sliding logs, falls from trees, and materials handling accidents.

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	10/12/94	59 FR 51672
Final Action Effective	02/09/95

Small Entities Affected: Undetermined

Government Levels Affected: None

Sectors Affected: 24 Lumber and Wood Products, Except Furniture

RIN: 1218-AA52

2170. MEDICAL SURVEILLANCE PROGRAMS FOR EMPLOYEES

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 under Bush Administration (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. OSHA intends to address this issue in the agency's safety and health programs rulemaking.

Timetable:

Action	Date	FR Cite
ANPRM	09/27/88	53 FR 37595
ANPRM Comment Period End	12/27/88
Withdrawn	03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting 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

2171. EXPOSURE ASSESSMENT PROGRAMS FOR EMPLOYEES EXPOSED TO HAZARDOUS

CHEMICALS

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 under Bush Administration (53 FR 37591). OSHA intends to address this issue in the agency's safety and health programs rulemaking.

Timetable:

Action	Date	FR Cite
ANPRM	09/27/88	53 FR 37591
ANPRM Comment Period End	12/27/88
Withdrawn	03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting 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-AB01

2172. OCCUPANT PROTECTION IN MOTOR VEHICLES (PREVENTION OF MOTOR

VEHICLE FATALITIES)

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: In 1989, President Bush introduced his Management by Objectives System. One of the objectives directed the Department of Transportation to support programs that reduced transportation fatalities and accidents. Some of the milestones identified by the President included increased use of safety belts and decreased number of alcohol and drug-related highway accidents and fatalities. As part of this initiative, under Labor Secretary Elizabeth Dole, OSHA worked with the National Safety Council and the National Highway Traffic Safety Administration to address the 2,100 occupational fatalities and 91,000 injuries per year. In light of controversy sparked by a proposal introduced under the Bush Administration in 1990, (55 FR 28728), OSHA is reviewing policy options for dealing with the real causes of most motor vehicle-related occupational injuries and fatalities.

Timetable:

Action	Date	FR Cite
NPRM	07/12/90	55 FR 28728
NPRM Comment Period End	11/09/90	55 FR 28728
Withdrawn	03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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

2173. CRANE SAFETY

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.

Timetable:

Action	Date	FR Cite
ANPRM	10/19/92	57 FR 47746
ANPRM Comment Period End	02/12/93
Withdrawn	03/31/95

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas H. Seymour, Acting 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