- Publication Date:
- Publication Type:Unified Agenda
- Fed Register #:71:24720-24725
- Standard Number:
- Title:Semiannual Regulatory Agenda
NOTE: This section for the Department of Labor (OSHA)
is on pages 24723-24725
Occupational Safety and Health Administration -- Prerule Stage
is on pages 24723-24725
Occupational Safety and Health Administration -- Prerule Stage
| Sequence Number |
Title | Regulation Identification Number |
| 210 | Occupational Exposure to Crystalline Silica | 1218-AB70 |
| 211 | Occupational Exposure to Beryllium | 1218-AB76 |
| 212 | Methylene Chloride (Section 610 Review) | 1218-AC23 |
| 213 | Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl | 1218-AC33 |
Occupational Safety and Health Administration -- Proposed Rule Stage
| Sequence Number |
Title | Regulation Identification Number |
| 214 | Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in Confined Spaces | 1218-AB47 |
| 215 | Electric Power Transmission and Distribution; Electrical Protective Equipment | 1218-AB67 |
| 216 | Cranes and Derricks | 1218-AC01 |
| Department of Labor (DOL) | Prerule Stage |
| Occupational Safety and Health Administration (OSHA) | |
210. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA
Legal Authority: 29 USC 655(b); 29 USC 657
Abstract: Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1971 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and maritime (derived from ACGIH's 1962 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend a 50µg/m3 exposure limit for respirable crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials (ASTM) has published a recommended standard for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance.
Timetable:
| Action | Date | FR Cite |
| Completed SBREFA Report | 12/19/03 | |
| Complete Peer Review of Health Effects and Risk Assessment | 08/00/08 |
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB70
211. OCCUPATIONAL EXPOSURE TO BERYLLIUM
Legal Authority: 29 USC 655(b); 29 USC 657
Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the Paper Allied--Industrial, Chemical, and Energy Workers Union, Public Citizen Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage.
On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium including: Current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected work sites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA is planning to use this information to develop a proposed rule addressing occupational exposure to beryllium.
Timetable:
| Action | Date | FR Cite |
| Request for Information | 11/26/02 | 67 FR 70707 |
| SBREFA Report Completed | 01/23/08 | |
| Complete Peer Review of Health Effects and Risk Assessment | 11/00/08 |
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB76
212. METHYLENE CHLORIDE (SECTION 610 REVIEW)
Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610
Abstract: OSHA will undertake a review of the Methylene Chloride Standard (29 CFR 1910.1052) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review will consider the continued need for the rule; whether the rule overlaps, duplicates, or conflicts with other Federal, State, or local regulations; and the degree to which technology, economic conditions, or other factors may have changed since the rule was evaluated.
Timetable:
| Action | Date | FR Cite |
| Begin Review | 12/01/06 | |
| Request for Comments | 07/10/07 | 72 FR 37501 |
| Comment Period End | 10/09/07 | |
| Reopen Comment Period | 01/08/08 | 73 FR 1299 |
| Comment Period End | 03/10/08 | |
| End Review | 11/00/08 |
Regulatory Flexibility Analysis Required: No
Agency Contact: John Smith, Directorate of Evaluation and Analysis, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N 3641, Washington, DC 20210
Phone: 202 693-2225
Fax: 202 693-1641
Email: smith.john@dol.gov
RIN: 1218-AC23
213. OCCUPATIONAL EXPOSURE TO DIACETYL AND FOOD FLAVORINGS CONTAINING DIACETYL
Legal Authority: 29 USC 655(b); 29 USC 657
Abstract: On July 26, 2006, the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard (ETS) for all employees exposed to diacetyl, a major component in artificial butter flavoring. Diacetyl and a number of other volatile organic compounds are used to manufacture artificial butter food flavorings. These food flavorings are used by various food manufacturers in a multitude of food products including microwave popcorn, certain bakery goods, and some snack foods. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. Evidence from NIOSH and other sources indicated that employee exposure to diacetyl and food flavorings containing diacetyl is associated with bronchiolitis obliterans, a debilitating and potentially fatal disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn industry and in food flavoring manufacturing plants. Experimental evidence has shown that inhalation exposure to artificial butter flavoring vapors and diacetyl damaged tissue lining, the nose, and airways of rats and mice.
Timetable:
| Action | Date | FR Cite |
| Stakeholder Meeting | 10/17/07 | 72 FR 54619 |
| Initiate SBREFA Panel | 05/00/08 |
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AC33
| Department of Labor (DOL) | Proposed Rule Stage |
| Occupational Safety and Health Administration (OSHA) | |
214. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING SUFFOCATION/ EXPLOSIONS IN CONFINED SPACES
Legal Authority: 29 USC 655(b); 40 USC 333
Abstract: In January 1993, OSHA issued a general industry rule to protect employees who enter confined spaces (29 CFR 1910.146). This standard does not apply to the construction industry because of differences in the nature of the worksite in the construction industry. In discussions with the United Steel Workers of America on a settlement agreement for the general industry standard, OSHA agreed to issue a proposed rule to extend confined-space protection to construction workers appropriate to their work environment.
Timetable:
| Action | Date | FR Cite |
| SBREFA Panel Report | 11/24/03 | |
| NPRM | 11/28/07 | 72 FR 67351 |
| NPRM Comment Period End | 01/28/08 | |
| NPRM Comment Period Extended | 02/28/08 | 73 FR 3893 |
| Public Hearing | 09/00/08 |
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Noah Connell, Acting Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room North 3467, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AB47
215. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT
Legal Authority: 29 USC 655(b); 40 USC 333
Abstract: Electrical hazards are a major cause of occupational death in the United States. The annual fatality rate for power line workers is about 50 deaths per 100,000 employees. The construction industry standard addressing the safety of these workers during the construction of electric power transmission and distribution lines is over 30 years old. OSHA has developed a revision of this standard that will prevent many of these fatalities, add flexibility to the standard, and update and streamline the standard. OSHA also intends to amend the corresponding standard for general industry so that requirements for work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction. In addition, OSHA will be revising a few miscellaneous general industry requirements primarily affecting electric transmission and distribution work, including provisions on electrical protective equipment and foot protection. This rulemaking also addresses fall protection in aerial lifts for power generation, transmission, and distribution work. OSHA published an NPRM on June 15, 2005. A public hearing was held March 6 to 14, 2006. OSHA is reopening the record to gather additional information on minimum approach distances.
Timetable:
| Action | Date | FR Cite |
| SBREFA Report | 06/30/03 | |
| NPRM | 06/15/05 | 70 FR 34821 |
| NPRM Comment Period End | 10/13/05 | |
| Comment Period Extended to 01/11/2006 | 10/12/05 | 70 FR 59290 |
| Public Hearing to be held 03/06/2006 | 10/12/05 | 70 FR 59290 |
| Post-Hearing Comment Period End | 07/14/06 | |
| Reopen Record | 06/00/08 |
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dorothy Dougherty, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N3718, Washington, DC 20210
Phone: 202 693-1950
Fax: 202 693-1678
Email: dougherty.dorothy@dol.gov
RIN: 1218-AB67
216. CRANES AND DERRICKS
Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333
Abstract: A number of industry stakeholders asked OSHA to update the cranes and derricks portion of subpart N (29 CFR 1926.550), specifically requesting that negotiated rulemaking be used.
In 2002 OSHA published a notice of intent to establish a negotiated rulemaking committee. A year later, in 2003, committee members were announced and the Cranes and Derricks Negotiated Rulemaking Committee was established and held its first meeting. In July 2004, the committee reached consensus on all issues resulting in a final consensus document.
Timetable:
| Action | Date | FR Cite |
| Notice of Intent To Establish Negotiated Rulemaking | 07/16/02 | 67 FR 46612 |
| Comment Period End | 09/16/02 | |
| Request for Comments on Proposed Committee Members | 02/27/03 | 68 FR 9036 |
| Request for Comments Period End | 03/31/03 | 68 FR 9036 |
| Established Negotiated Rulemaking Committee | 06/12/03 | 68 FR 35172 |
| Rulemaking Negotiations Completed | 07/30/04 | |
| SBREFA Report | 10/17/06 | |
| NPRM | 08/00/08 |
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Noah Connell, Acting Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room North 3467, Washington, DC 20210
Phone: 202 693-2020
Fax: 202 693-1689
RIN: 1218-AC01
[FR Doc. E8-7540 Filed 05-02-08; 8:45 am]
BILLING CODE 4510-23-S