Corrections and Technical Amendments to 16 OSHA Standards, 80735-80741 [2011-32853]
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations
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advisors must be registered with the
Commission under a permanent
registration regime.
Since the Commission is only
extending the expiration date for Rule
15Ba2–6T and is not substantively
changing Rule 15Ba2–6T and Form
MA–T, the Commission’s estimated
burden for each municipal advisor to
complete and amend Form MA–T
remains unchanged.18 However, the
Commission estimates that as a result of
the amendment, approximately 162 19
new municipal advisors will register
between January 1, 2012 and September
30, 2012 at a total labor cost of
approximately $168,000.20 With regard
to the 162 new municipal advisors and
the municipal advisors already
registered pursuant to Rule 15Ba2–6T,
the Commission estimates that, between
January 1, 2012 and September 30,
2012, there will be approximately 160 21
amendments and withdrawals at a total
labor cost of approximately $22,000.22
18 The Commission notes that in the Interim
Release, it had estimated that approximately 1,000
municipal advisors would be required to complete
Form MA–T. See Interim Release, supra note 6 at
54473. It further conservatively estimated that all
1,000 municipal advisors would have to amend
their forms once between September 1, 2010 and
December 31, 2011, recognizing that the actual
number would likely be lower than 1,000. See id.
As of November 31, 2011, the Commission has
received 967 initial registrations, 102 amendments
and 33 withdrawals.
19 The Commission estimates that, between
January 1, 2012 and September 30, 2012, there will
be approximately 18 initial registrations per month,
which is the average number of initial registrations
the Commission has received per month during the
first eleven months of 2011.
20 162 (estimated number of initial registrations)
× 2.5 hours (estimated time to complete Form MA–
T) = 405 hours; 405 hours × $273 (hourly rate for
a Compliance Manager) = $110,565. 162 (estimated
number of new municipal advisors that will hire
outside counsel) × 1 hour (estimated time spent by
outside counsel to help a new municipal advisor to
comply with the rule) × $354 (hourly rate for an
Attorney) = $57,348. $110,565 + $57,348 =
$167,913. See Interim Release, supra note 6 at
54473–74. The estimated burden for each municipal
advisor to complete Form MA–T and the estimated
use of outside counsel by each municipal advisor
remains unchanged from the Interim Release. The
$273 per hour figure for a Compliance Manager and
the $354 per hour figure for an Attorney are from
SIFMA’s Management & Professional Earnings in
the Securities Industry 2010, modified by
Commission staff to account for an 1,800-hour work
year and multiplied by 5.35 to account for bonuses,
firm size, employee benefits and overhead.
21 The Commission estimated the number of
amendments and withdrawals based on the number
of amendments to, and withdrawals from,
registration on Form MA–T that the Commission
has received as of November 31, 2011.
22 160 (estimated number of amendments and
withdrawals) × 0.5 hours (estimated time to amend
Form MA–T) = 80 hours; 80 hours × $273 (hourly
rate for a Compliance Manager) = $21,840. See
Interim Release, supra note 6 at 54473–74. The
$273 per hour figure for a Compliance Manager is
from SIFMA’s Management & Professional Earnings
in the Securities Industry 2010, modified by
Commission staff to account for an 1,800-hour work
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Section 3(f) of the Exchange Act
requires the Commission, whenever it
engages in rulemaking and is required to
consider or determine whether an action
is necessary or appropriate in the public
interest, to consider, in addition to the
protection of investors, whether the
action would promote efficiency,
competition and capital formation.23 In
addition, Section 23(a)(2) of the
Exchange Act requires the Commission,
when making rules under the Exchange
Act, to consider the impact such rules
would have on competition.24 Section
23(a)(2) of the Exchange Act prohibits
the Commission from adopting any rule
that would impose a burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Exchange Act.25 In the
Interim Release, the Commission
considered the effects of Rule 15Ba2–6T
on efficiency, competition, and capital
formation.26 Since the Commission is
not amending Rule 15Ba2–6T and Form
MA–T other than extending the
expiration date for Rule 15Ba2–6T, the
Commission believes that the same
analysis applies, and continues to
believe that Rule 15Ba2–6T, as
extended, will not result in a burden on
competition not necessary or
appropriate in furtherance of the
purposes of the Exchange Act.
II. Statutory Authority and Text of Rule
and Amendments
Pursuant to the Exchange Act, and
particularly Section 15B (15 U.S.C. 78o–
4), the Commission is amending
§ 240.15Ba2–6T of Title 17 of the Code
of Federal Regulations in the manner set
forth below.
List of Subjects in 17 CFR Part 240
Reporting and recordkeeping
requirements, Municipal advisors,
Temporary registration requirements.
Text of Rule and Amendments
For the reasons set out in the
preamble, Title 17, Chapter II, of the
Code of Federal Regulations is amended
as follows.
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
1. The general authority citation for
Part 240 continues to read as follows:
■
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
year and multiplied by 5.35 to account for bonuses,
firm size, employee benefits and overhead.
23 See 15 U.S.C. 78c(f).
24 See 15 U.S.C. 78w(a)(2).
25 See id.
26 See Interim Release, supra note 6 at 54475.
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80735
77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j,
78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78o–
4, 78p, 78q, 78s, 78u–5, 78w, 78x, 78ll,
78mm, 80a–20, 80a–23, 80a–29, 80a–37, 80b–
3, 80b–4, 80b–11, and 7201 et seq.; 18 U.S.C.
1350; and 12 U.S.C. 5221(e)(3), unless
otherwise noted.
*
*
*
§ 240.15Ba2–6T
*
*
[Amended]
2. In § 240.15Ba2–6T, remove the
words ‘‘December 31, 2011’’ wherever
they appear and add, in their place, the
words ‘‘September 30, 2012’’.
■
By the Commission.
Dated: December 21, 2011.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2011–33146 Filed 12–23–11; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, and 1926
Corrections and Technical
Amendments to 16 OSHA Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of corrections and
technical amendments to standards.
AGENCY:
OSHA is correcting
typographical errors in, and making
non-substantive technical amendments
to, 16 OSHA standards. The technical
amendments include updating or
revising cross-references and updating
OSHA recordkeeping log numbers.
DATES: The effective date for the
corrections and technical amendments
to the standards is December 27, 2011.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries:
Contact Frank Meilinger, Director,
OSHA Office of Communications,
Room N3647, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:
(202) 693–1999 or fax: (202) 693–
1635.
Technical information: Contact Lisa
Long, OSHA Directorate of Standards
and Guidance, Room N3609, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone: (202) 693–2222.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Summary and Explanation
OSHA is publishing technical
amendments to 16 OSHA standards.
These revisions do not affect the
substantive requirements or coverage of
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those standards, do not modify or
revoke existing rights or obligations, and
do not establish new rights or
obligations.
A. Process Safety Management of Highly
Hazardous Chemicals (§ 1910.119)
OSHA is correcting a typographical
error in the reference to a chemical
covered by the Process safety
management of highly hazardous
chemicals standard (29 CFR 1910.119;
57 FR 6403). Appendix A of the
standard lists the covered chemicals.
The chemical Oleum appears in
Appendix A with an incorrect Chemical
Abstracts Service (CAS) number of
8014–94–7. The correct CAS number for
Oleum is 8014–95–7 (see The Merck
Index, 13th Edition (2001)), and OSHA
is correcting this error.
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B. Hazardous Waste Operations and
Emergency Response (§ 1910.120)
OSHA is updating a citation in the
Hazardous waste operations and
emergency response (HAZWOPER)
Standard (29 CFR 1910.120; 54 FR
9294). In paragraph (a)(3) of the
standard, OSHA defines the term
‘‘hazardous substance.’’ In that
definition, OSHA refers to ‘‘Section
101(14)’’ of the Comprehensive
Environmental Response Compensation,
and Liability Act (CERCLA) (42 U.S.C.
9601). After OSHA published the
standard, Congress redesignated Section
101(14) of CERCLA as Section 103(14).
OSHA is revising the definition to
include the new citation.
C. Permit-Required Confined Spaces
(§ 1910.146)
OSHA is correcting a cross-reference
in the Permit-required confined spaces
standard (29 CFR 1910.146; 58 FR
4549). Paragraph (d)(4) of the standard
lists equipment that the employer must
provide and maintain for permit-space
entry. Specifically, paragraph (d)(4)(vi)
requires that the employer provide
barriers and shields ‘‘as required by
paragraph (d)(3)(iv) of this section.’’
Paragraph (d)(3) lists various means,
procedures, and practices the employer
must develop and implement for safe
permit-space entry operations. When
OSHA issued § 1910.146, paragraph
(d)(3)(iv) listed as one of those practices
‘‘providing pedestrian, vehicle, or other
barriers as necessary to protect entrants
from external hazards.’’ When OSHA
revised § 1910.146 in 1998, it inserted a
new practice as paragraph (d)(3)(ii) and
renumbered the remaining practices (63
FR 230). Consequently, OSHA
redesignated paragraph (d)(3)(iv) as
paragraph (d)(3)(v). However, during
that rulemaking, OSHA did not revise
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the cross-reference to this provision.
This notice corrects that oversight.
D. Medical Services and First Aid
(§§ 1910.151 and 1926.50)
OSHA is updating cross-references in
§§ 1910.151 and 1926.50, which
establish requirements for medical
services and first aid in general industry
and construction, respectively. In 1998,
OSHA added non-mandatory Appendix
A to both standards to provide
information about basic first-aid
supplies and to instruct employers to
use OSHA 200 logs and OSHA 101
forms to identify unique or changing
first-aid needs.
After OSHA adopted Appendix A, it
revised the rule on Recordkeeping and
reporting occupational injuries and
illnesses rule (29 CFR part 1904). As
part of that rulemaking, OSHA revised
the forms that employers must keep for
recording and reporting workplace
injuries and illnesses (§ 1904.29). OSHA
replaced the 200 Log and Summary of
Occupational Injuries and Illnesses with
two separate forms—the OSHA 300 (Log
of Work-Related Injuries and Illnesses)
and the OSHA 300A (Summary of
Work-Related Injuries and Illnesses). In
addition, OSHA replaced Form 101
(Supplementary Record of Occupational
Injuries and Illnesses) with OSHA Form
301 (Injury and Illness Incident Report).
During this rulemaking, OSHA planned
to revise all references to the
recordkeeping forms in other OSHA
standards. However, OSHA overlooked
the appendices in both §§ 1910.151 and
1926.50. This notice is updating those
references.
E. Servicing Multi-Piece and SinglePiece Rim Wheels (§ 1910.177)
OSHA originally published the
standard for servicing multi-piece rim
wheels, § 1910.177, on January 29, 1980
(45 FR 6706). OSHA amended the
standard on February 3, 1984, to
incorporate servicing requirements for
single-piece rim wheels, and to make
minor revisions to the multi-piece rim
wheel servicing provisions (49 FR
4338). Having developed its own charts
in the interim by revising the National
Highway Traffic Safety Administration
(NHTSA) charts, OSHA amended the
standard to include these revisions and
indicate the availability of the new
charts from OSHA (53 FR 34736).
Appendix B of the standard states that
the regulated community can obtain
copies of the OSHA charts entitled
‘‘Demounting and Mounting Procedures
for Truck/Bus Tires’’ and ‘‘Multi-piece
Rim Matching Chart’’ directly from
OSHA. However, OSHA has not had
copies of these charts available for
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distribution for several years. Similarly,
the NHTSA publications entitled
‘‘Demounting and Mounting Procedures
Truck/Bus Tires’’ and ‘‘Multi-piece Rim
Matching Chart’’ appear to be no longer
available. Therefore, based on
discussions with representatives from
the tire, rubber, and wheel
manufacturing industries, OSHA
determined that new charts addressing
current hazards in the tire-servicing
industry are necessary.
Given the information technologies
available in the 1980s, large posters
containing the tire-servicing information
appeared to OSHA to be the most
effective means of providing workers
with the information at the worksite
necessary to perform tire-servicing
operations safely. This approach
involved printing and distributing large
numbers of these posters. In updating
this information, OSHA decided not to
print large posters with the updated
information, but to provide an 81⁄2 inch
by 11-inch printed manual containing
this information that employers could
use in the shop as an alternative to
displaying the large posters. The manual
would be more portable and accessible
than a large poster, which employers
typically mounted on a wall.
To reduce the distribution burden,
OSHA will print and mail the manuals,
but not the posters. The posters, as well
as the manuals, will be available in
electronic files (PDF) on the OSHA Web
site at https://www.osha.gov/publications
(and type ‘‘tire chart’’ in the search
field). Since the file for the large poster
will be available in various sizes
(including 81⁄2 inches by 11 inches),
OSHA determined that, to be legible,
posters located in the service area as
specified by 29 CFR 1910.177(d)(5) must
be at least 2 feet by 3 feet in size (i.e.,
the size of the former posters supplied
by OSHA).
OSHA also is revising the content of
its two existing charts. The ‘‘Multi-piece
Rim Matching Chart’’ will provide an
updated list of multi-piece rim wheel
components, both current and obsolete,
while the ‘‘Demounting and Mounting
Procedures for Truck/Bus Tires’’ chart
will consist of two separate charts
entitled ‘‘Demounting and Mounting
Procedures for Tubeless Truck and Bus
Tires’’ and ‘‘Demounting and Mounting
Procedures for Tube-Type Truck and
Bus Tires.’’
OSHA believes that the new charts
will reduce tire-servicing accidents
among employees and simplify
compliance with the standard because
the new charts summarize updated
information from many sources,
including the NHTSA and OSHA charts,
rim manuals, and the OSHA standard,
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and are more accessible and useable
than the posters these charts are
replacing. In addition, the updated
manuals and posters will not increase
the substantive obligation on employers
under the standard to provide
employees with tire-servicing
information. Consistent with these
revisions, OSHA is amending the
definitions of ‘‘charts’’ in paragraph (b)
of the standard to refer to the new
Department of Labor charts (i.e.,
manuals or posters), or to any other
information or poster that provides at
least the same instructions, safety
precautions, and other information
contained in OSHA’s charts, and that is
applicable to the types of rim wheels the
employer is servicing. In addition,
OSHA is revising Appendix B to
provide current ordering information for
the new OSHA manuals.
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F. Mechanical Power Presses
(§ 1910.217)
The Mechanical power presses
standard (29 CFR 1910.217) requires
that employers submit to OSHA reports
of employees injured while operating
such presses. Paragraph (g)(1) specifies
that employers must submit the reports
to federal OSHA or, for state-plan states,
the state agency administering the plan.
OSHA is revising this provision to
include the new title of the federal
OSHA office designated to receive the
reports, and to provide an electronic
address for submitting reports, which
the Paperwork Reduction Act and
associated regulations (44 U.S.C.
chapter 35; 5 CFR 1320.8(a)(5))
encourages.
G. Pulp, Paper, and Paperboard Mills
(§ 1910.261)
OSHA is correcting three errors
involving incorrect cross references in
this standard. On June 18, 1998 (63 FR
33450), OSHA removed or revised
provisions in its standards that were
outdated, duplicative, unnecessary, or
inconsistent. Among other revisions,
this action deleted paragraphs (b)(1) and
(b)(3) from this standard, which
referenced outdated American National
Standards Institute national consensus
standards B15.1–1953, Safety Code for
Mechanical Power-Transmission
Apparatus, and A12.1–1967, Safety
Requirements for Floor and Wall
Openings, Railings, and Toeboards,
respectively. However, in doing so,
OSHA did not amend paragraphs
(e)(12)(i), which references deleted
paragraph (b)(3), or paragraph (e)(12)(ii),
which references deleted paragraph
(b)(1). In addition, with the deletion of
paragraphs (b)(1), (b)(2), and (b)(3),
OSHA redesignated paragraph (b)(4) as
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paragraph (b)(1). However, OSHA did
not revise the cross reference to
redesignated paragraph (b)(1) in
paragraph (e)(12)(iii). Therefore, with
this notice, OSHA is removing the
references to paragraphs (b)(3), (b)(1),
and (b)(4) in existing paragraphs
(e)(12)(i), (e)(12)(ii), and (e)(12)(iii),
respectively, and replacing these
references with the correct references
(29 CFR 1910.23, 29 CFR 1910.219, and
paragraph (b)(1) of 29 CFR 1910.261,
respectively).
H. Sawmills (§ 1910.265)
OSHA is correcting a typographical
error in a cross reference in this
standard. Paragraph (e)(2)(iv) of the
standard, which establishes safety
requirements for twin circular-head saw
rigs, provides: ‘‘Twin circular head saw
rigs such as scrag saws shall meet the
specifications for single circular head
saws in paragraph (e)(1)(iii) of this
section where applicable.’’ The cross
reference to paragraph (e)(1)(iii) of the
standard is incorrect. The provision
should cross reference paragraph
(e)(2)(iii), which specifies requirements
for singular circular-head saws; OSHA
is correcting the error.
I. Grain Handling Facilities (§ 1910.272)
The Grain handling facilities standard
(29 CFR 1910.272) applies to general
industry and, through incorporation by
reference, to marine terminals that
handle grain (29 CFR 1917.1(a)(2)(v)). In
1985, OSHA issued a compliance
directive interpreting requirements of
the standard as it applied to marine
terminals (see CPL 02–00–066). The
directive was the result of a settlement
agreement with the National Grain and
Feed Association, Inc.
In 2002, OSHA conducted a
regulatory review of the standard
pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) and Executive
Order 12866. During the review,
stakeholders recommended that OSHA
include in the standard a cross reference
to the compliance directive. OSHA
agreed and, accordingly, is inserting a
note in paragraph (a) of the standard
stating that OSHA will enforce the
standard, as it applies to marine
terminals, consistent with the 1985
compliance directive.
J. Commercial Diving Operations
(§ 1910.440)
Phase III of the Standards
Improvement Project (SIP III) revised
requirements within OSHA standards
that were confusing, outdated,
duplicative, or inconsistent. One such
revision to the Commercial Diving
Operations standard at § 1910.440(b)(5)
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removed the requirement that
employers transfer dive and employee
medical records to the National Institute
for Occupational Safety and Health
(NIOSH) in the absence of a successor
employer. However, subsequent review
of the regulatory text at § 1910.440(b)(4)
identified a provision requiring
employers to transfer hospitalization
and decompression-related records to
NIOSH after the five-year retention
period for these records expires. This
record-transfer requirement involves
records that are similar to the records
specified in the record-transfer
requirement in § 1910.440(b)(5), which
OSHA removed from the standard under
SIP III. Therefore, for the sake of
consistency and accuracy, OSHA is
revising § 1910.440(b)(4) by removing
the record-transfer requirement in
§ 1910.440(b)(4).1 The rationale for
removing this record-transfer
requirement is the same as the rationale
expressed earlier by OSHA when it
removed § 1910.440(b)(5) from the
standard (see 76 FR 33590, 33598).
K. 13 Carcinogens (4-Nitrobiphenyl, etc.)
(§ 1910.1003)
In the 13 Carcinogens standard (29
CFR 1910.1003), OSHA is deleting two
cross references to a section of the
standard that it removed in the second
Standards Improvement Project
rulemaking (70 FR 1116). In that
rulemaking, OSHA deleted paragraph (f)
of the standard, which required that
employers submit to OSHA reports of
operations involving any of the 13
carcinogens and incidents resulting in
the release of any of them. However,
during the rulemaking OSHA did not
delete two cross references to paragraph
(f) contained in paragraph (d)(2) of the
standard (see paragraphs (d)(2)(v) and
(d)(2)(iii)). OSHA is correcting this
oversight.
L. Lead (§ 1910.1025 and § 1926.62)
The SIP III final rule also made
revisions regarding medical surveillance
in the Lead standards at § 1910.1025
(General Industry) and § 1926.62
(Construction). The purpose of these
revisions was to achieve consistency
among the action levels for employee
notification across all OSHA Lead
standards (see 76 FR 33590, 33598).
Accordingly, the SIP III final rule
revised the language in §§ 1910.1025(j)
and 1926.62(j) regarding actionable
1 OSHA received no comments on the proposal to
remove § 1910.440(b)(5) from the standard.
Accordingly, OSHA considers the action to remove
the record-transfer requirement from
§ 1910.440(b)(4) described in this notice to be noncontroversial, and unlikely to elicit an objection
from any stakeholder.
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blood-lead levels for employee
notification from ‘‘exceeds’’ 40 mg/dl to
‘‘is at or above’’ 40 mg/dl.2 Subsequent
review of the regulatory text in
§§ 1910.1025 (j)(2)(iv)(B) and
1926.62(j)(2)(iv)(B) found that these
paragraphs used the term ‘‘exceeds’’ to
describe the actionable blood-lead level
for notifying employees of requirements
for temporary medical removal and
employee medical-removal protection
benefits. For the sake of consistency and
accuracy among action levels across all
OSHA Lead standards, and in keeping
with the original purpose specified in
the SIP III rulemaking, OSHA is
replacing the term ‘‘exceeds’’ in
§§ 1910.1025 (j)(2)(iv)(B) and
1926.62(j)(2)(iv)(B) with the phrase ‘‘is
at or above’’ to designate the actionable
blood-lead levels (i.e., 40 mg/dl) at
which employers must notify their
employees that the standard requires
temporary medical removal with
medical-removal protection benefits
when an employee’s blood-lead level is
at or above a specified level.
M. Bloodborne Pathogens (§ 1910.1030)
OSHA is updating a cross reference to
29 CFR 1904.6 in the Bloodborne
pathogens standard (29 CFR 1910.1030).
On January 18, 2001, in conformance
with the Needlestick Safety and
Prevention Act (P.L. 106–430), OSHA
revised the Bloodborne pathogens
standard to require that employers
maintain logs of percutaneous injuries
from contaminated sharps (see
§ 1910.1030(i)(5)). The revised standard
at § 1910.1030(i)(5)(iii) required that
employers maintain the sharps injury
log for the period required by 29 CFR
1904.6. OSHA subsequently revised the
Recordkeeping rule (29 CFR 1904; 66 FR
6122). As part of that rulemaking, OSHA
reordered many sections of the
Recordkeeping rule, including § 1904.6,
which became § 1904.33. Therefore,
OSHA now is updating the cross
reference in paragraph (i)(5)(iii) of the
Bloodborne pathogens rule from 29 CFR
1904.6 to 29 CFR 1904.33.
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N. Air Contaminants (§ 1915.1000)
OSHA is correcting a typographical
error in the Air contaminants standard
for shipyard employment (29 CFR
1915.1000). The standard contains
requirements for limiting employee
exposure to the hazardous substances
listed in Table Z of the rule. Paragraph
2 OSHA received several comments in support of
the proposal to revise this language, and no
comments against it. Therefore, OSHA considers
the revisions to §§ 1910.1025 (j)(2)(iv)(B) and
1926.62(j)(2)(iv)(B) described in this notice to be
non-controversial, and unlikely to elicit an
objection from any stakeholder.
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(d) of the standard contains a
computation formula for determining
exposure levels for employees exposed
to more than one substance for which
subpart Z of part 1915 lists an 8-hour
time weighted average. Paragraph
(d)(1)(ii) of the standard contains an
example to illustrate the computation
formula. In four places in this
paragraph, the example incorrectly
refers to the abbreviation for ‘‘parts per
million’’ as ‘‘p/m.’’ In this notice, OSHA
is correcting the abbreviation to read
‘‘ppm.’’
Signed at Washington, DC on December 19,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
II. Exemption From Notice-andComment Procedures
OSHA determined that this
rulemaking is not subject to the
procedures for public notice and
comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C.
553), Section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
655(b)), and 29 CFR 1911.5. This
rulemaking does not affect or change
any existing rights or obligations, and
no stakeholder is likely to object to
them. Therefore, the Agency finds good
cause that public notice and comment
are unnecessary within the meaning of
5 U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b),
and 29 CFR 1911.5.
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55 FR 9033), 6–96 (62 FR 111),
3–2000 (65 FR 50017), 5–2002 (67 FR 65008),
5–2007 (72 FR 31159), or 4–2010 (75 FR
55355), as applicable; and 29 CFR part 1911.
List of Subjects
PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS
Subpart H—Hazardous Materials
[Amended]
1. The authority citation for subpart H
of part 1910 continues to read as
follows:
■
Sections 1910.103, 1910.106 through
1910.111, and 1910.119, 1910.120, and
1910.122 through 1910.126 also issued under
29 CFR part 1911.
Section 1910.119 also issued under Pub. L.
101–549, reprinted at 29 U.S.C. 655 Note.
Section 1910.120 also issued under 29
U.S.C. 655 Note, and 5 U.S.C. 553.
2. In Appendix A to § 1910.119, revise
the entry entitled ‘‘Oleum’’ to read as
follows:
■
§ 1910.119 Process safety management of
highly hazardous chemicals.
29 CFR Part 1910
Hazardous substances, Occupational
safety and health, Reporting and
recordkeeping requirements.
*
29 CFR Part 1915
Hazardous substances, Occupational
safety and health, Reporting and
recordkeeping requirements, Vessels.
*
29 CFR Part 1926
Construction industry, Hazardous
substances, Occupational safety and
health, Reporting and recordkeeping
requirements.
III. Authority and Signature
David Michaels, MPH, Ph.D.,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
authorized the preparation of this
document. Accordingly, pursuant to
Section 6 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655),
Section 107 of the Contract Work Hours
and Safety Standards Act (Construction
Safety Act) (40 U.S.C. 3704), Section 4
of the Administrative Procedures Act (5
U.S.C. 553), Secretary of Labor’s Order
No. 4–2010 (75 FR 55355), and 29 CFR
1911.5, 29 CFR parts 1910, 1915 and
1926 are amended as set forth below.
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*
*
*
*
Appendix A to § 1910.119—List of
Highly Hazardous Chemicals, Toxics
and Reactives (Mandatory)
*
*
*
*
Chemical name
CAS *
*
*
Oleum (65% to
80% by
weight; also
called Fuming
Sulfuric Acid)
*
*
*
TQ **
*
8014–95–7
*
*
1,000
*
*
3. In paragraph (a)(3) of § 1910.120,
revise paragraph (A) of the definition of
‘‘Hazardous substance’’ to read as
follows:
■
§ 1910.120 Hazardous waste operations
and emergency response.
*
*
*
*
*
(a) * * *
(3) * * *
Hazardous substance * * *
(A) Any substance defined under
section 103(14) of the Comprehensive
Environmental Response Compensation
and Liability Act (CERCLA) (42 U.S.C.
9601).
*
*
*
*
*
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8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55 FR 9033), 6–96 (62 FR 111),
3–2000 (65 FR 50017), 5–2002 (67 FR 65008),
5–2007 (72 FR 31160), or 4–2010 (75 FR
55355), as applicable; and 29 CFR 1911.
Subpart J—General Environmental
Controls
4. Revise the authority citation for
subpart J to read as follows:
■
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55–FR 9033), 6–96 (62 FR 111),
3–2000 (65 FR 50017), 5–2007 (72 FR 31159),
or 4–2010 (75 FR 55355), as applicable.
Sections 1910.141, 1910.142, 1910.145,
1910.146, and 1910.147 also issued under 29
CFR part 1911.
Sections 1910.176, 1910.177, 1910.178,
1910.179, 1910.180, 1910.181, and 1910.184
also issued under 29 CFR part 1911.
9–10. In § 1910.177:
a. In paragraph (b), revise the
definition of ‘‘charts’’; and
■ b. Revise Appendix B.
The revisions read as follows:
■
■
§ 1910.177 Servicing of multi-piece and
single-piece rim wheels.
5. In of § 1910.146, revise paragraph
(d)(4)(vi) to read as follows:
■
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55 FR 9033), 6–96 (62 FR 111),
3–2000 (65 FR 50017), or 4–2010 (75 FR
55355), as applicable, and 29 CFR part 1911.
*
*
*
*
(b) * * *
Charts means the U.S. Department of
Labor, Occupational Safety and Health
Administration publications entitled
‘‘Demounting and Mounting Procedures
for Tube-Type Truck and Bus Tires,’’
‘‘Demounting and Mounting Procedures
for Tubeless Truck and Bus Tires,’’ and
‘‘Multi-Piece Rim Matching Chart.’’
These charts may be in manual or poster
form. OSHA also will accept any other
manual or poster that provides at least
the same instructions, safety
precautions, and other information
contained in these publications, which
is applicable to the types of wheels the
employer is servicing.
*
*
*
*
*
7. In Appendix A to § 1910.151, revise
the second paragraph to read as follows:
Appendix B—Ordering Information for
the OSHA Charts
§ 1910.
The information on the OSHA charts is
available on three posters, or in a manual
containing the three charts, entitled
‘‘Demounting and Mounting Procedures for
Tubeless Truck and Bus Tires,’’ ‘‘Demounting
and Mounting Procedures for Tube-Type
Truck and Bus Tires,’’ and ‘‘Multi-piece Rim
Matching Chart.’’ Interested parties can
download and print both the manuals and
posters from OSHA’s Web site at https://
www.osha.gov/publications (and type ‘‘tire
chart’’ in the search field). However, when
used by the employer at a worksite to provide
information to employees, the printed posters
must be, at a minimum, 2 feet wide and 3 feet
long. Copies of the manual also are available
from the Occupational Safety and Health
Administration (OSHA Office of
Publications, Room N–3101, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202) 693–
1888; or fax: (202) 693–2498).
§ 1910.146
spaces.
*
Permit-required confined
*
*
*
*
*
(d) * * *
(4) * * *
(vi) Barriers and shields as required
by paragraph (d)(3)(v) of this section.
*
*
*
*
*
Subpart K—Medical and First Aid
6. The authority citation for subpart K
continues to read as follows:
■
■
*
*
151 Medical services and first aid.
*
*
*
Appendix A to § 1910.151—First Aid
Kits (Non-Mandatory)
*
*
*
*
*
In a similar fashion, employers who have
unique or changing first-aid needs in their
workplace may need to enhance their firstaid kits. The employer can use the OSHA 300
log, OSHA 301 log, or other reports to
identify these unique problems. Consultation
from the local fire/rescue department,
appropriate medical professional, or local
emergency room may be helpful to employers
in these circumstances. By assessing the
specific needs of their workplace, employers
can ensure that reasonably anticipated
supplies are available. Employers should
assess the specific needs of their worksite
periodically and augment the first aid kit
appropriately.
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*
*
*
*
Subpart O—Machinery and Machine
Guarding
*
Subpart N—Materials Handling and
Storage
■
11. The authority section citation for
subpart O of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55 FR 9033), 5–2002 (67 FR
■
8. The authority citation for subpart N
of part 1910 continues to read as
follows:
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80739
65008), or 4–2010 (75 FR 55355), as
applicable; 29 CFR part 1911. Sections
1910.217 and 1910.219 also issued under 5
U.S.C. 553.
12. In § 1910.217, revise paragraph
(g)(1) and add paragraph (g)(2) to read
as follows:
■
§ 1910.217
Mechanical power presses.
*
*
*
*
*
(g) * * *
(1) The employer shall report, within
30 days of the occurrence, all point-ofoperation injuries to operators or other
employees to either (1) the Director of
the Directorate of Standards and
Guidance at OSHA, U.S. Department of
Labor, Washington, DC 20210 (https://
www.osha.gov/pls/oshaweb/
mechanical.html), or
(2) The State agency administering a
plan approved by the Assistant
Secretary of Labor for Occupational
Safety and Health.
*
*
*
*
*
Subpart R—Special Industries
13. The authority citation for subpart
R of part 1910 continues to read as
follows:
■
Authority: 29 U.S.C. 653, 655, 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 6–96 (62 FR 111), 5–2007 (72 FR
31159), or 4–2010 (75 FR 55355), as
applicable; and 29 CFR part 1911.
14. In 1910.261, revise paragraphs
(e)(12)(i), (ii), and (iii) to read as follows:
■
§ 1910.261
mills.
Pulp, paper, and paperboard
*
*
*
*
*
(e) * * *
(12) * * *
(i) When platforms or floors allow
access to the sides of the drums, a
standard railing shall be constructed
around the drums. When two or more
drums are arranged side by side, proper
walkways with standard handrails shall
be provided between each set, in
accordance with the requirements of 29
CFR 1910.23, Guarding floor and wall
openings and holes.
(ii) Sprockets and chains, gears, and
trunnions shall have standard guards, in
accordance with the requirements of 29
CFR 1910.219, Mechanical powertransmission apparatus.
(iii) Whenever it becomes necessary
for a workman to go within a drum, the
driving mechanism shall be locked and
tagged, at the main disconnect switch,
in accordance with paragraph (b)(1) of
this section.
*
*
*
*
*
■ 15. In § 1910.265 revise paragraph
(e)(2)(iv) to read as follows:
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§ 1910.265
Sawmills.
*
*
*
*
*
(e) * * *
(2) * * *
(iv) Twin circular head saws. Twin
circular head saws rigs such as scrag
saws shall meet the specifications for
single circular head saws in paragraph
(e)(2)(iii) of this section where
applicable.
*
*
*
*
*
■ 16. In 1910.272, amend paragraph (a)
by adding a note at the end of the
paragraph to read as follows:
§ 1910.272
Grain handling facilities.
(a) * * *
Note to paragraph (a): For grain-handling
facilities in the marine-terminal industry
only, 29 CFR 1910.272 is to be enforced
consistent with the interpretations in OSHA
Compliance Directive 02–00–066, which is
available on OSHA’s Web page at
www.osha.gov.
*
*
*
*
*
Subpart T—Commercial Diving
Operations
17. The authority citation for subpart
T continues to read as follows:
■
Authority: 29 U.S.C. 653, 655, 657; 40
U.S.C. 333; 33 U.S.C. 941; Secretary of
Labor’s Order No. 8–76 (41 FR 25059), 9–83
(48 FR 35736), 1–90 (55 FR 9033), 6–96 (62
FR 111), 3–2000 (65 FR 50017), 5–2002 (67
FR 65008), 5–2007 (72 FR 31160), or 4–2010
(75 FR 55355) as applicable, and 29 CFR
1911.
under 29 CFR 1911, except for the arsenic
(organic compounds), benzene, cotton dust,
and chromium (VI) listings.
Section 1910.1001 also issued under 40
U.S.C. 3704 and 5 U.S.C. 553.
Section 1910.1002 also issued under 5
U.S.C. 553, but not under 29 U.S.C. 655 or
29 CFR 1911.
Sections 1910.1018, 1910.1029, and
1910.1200 also issued under 29 U.S.C. 653.
Section 1910.1030 also issued under Pub.
L. 106–430, 114 Stat. 1901.
Section 1910.1201 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 533.
FR 111), 3–2000 (65 FR 50017), 5–2002 (67
FR 65008), 5–2007 (72 FR 31160), or 4–2010
(75 FR 55355), as applicable.
20. Amend § 1910.1003 by:
a. Revising paragraph (d)(2)(iii); and
b. Removing paragraph (d)(2)(v) and
redesignating paragraphs (d)(2)(vi) as
paragraph (d)(2)(v).
The revision reads as follows:
§ 1915.1000
■
■
■
§ 1910.1003 13 Carcinogens (4Nitrobiphenyl, etc.).
*
*
*
*
*
(d) * * *
(2) * * *
(iii) Special medical surveillance by a
physician shall be instituted within 24
hours for employees present in the
potentially affected area at the time of
the emergency.
*
*
*
*
*
■ 21. In § 1910.1025, revise paragraph
(j)(2)(iv)(B) to read as follows:
§ 1910.1025
Lead.
*
*
*
*
(b) * * *
(4) The employer shall comply with
any additional requirements set forth at
29 CFR 1910.1020,
*
*
*
*
*
*
*
*
*
(j) * * *
(2) * * *
(iv) * * *
(B) That the standard requires
temporary medical removal with
Medical Removal Protection benefits
when an employee’s blood lead level is
at or above the numerical criterion for
medical removal under paragraph
(k)(1)(i) of this section.
*
*
*
*
*
■ 22. In § 1910.1030, revise paragraph
(i)(5)(iii) to read as follows:
Subpart Z—[Amended]
§ 1910.1030
19. The authority citation for subpart
Z continues to read as follows:
*
18. In § 1910.440, revise paragraph
(b)(4) to read as follows:
■
§ 1910.440
Recordkeeping requirements.
*
■
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Authority: 29 U.S.C. 653, 655, and 657;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 1–90 (55 FR 9033), 6–96 (62 FR 111),
3–2000 (65 FR 50017), 5–2002 (67 FR 65008),
5–2007 (72 FR 31160), or 4–2010 (75 FR
55355), as applicable, and 29 CFR 1911.
All of subpart Z issued under section 6(b)
of the Occupational Safety and Health Act,
except those substances that have exposure
limits listed in Tables Z–1, Z–2, and Z–3 of
29 CFR 1910.1000. The latter were issued
under section 6(a) (29 U.S.C. 655(a)).
Section 1910.1000, Tables Z–1, Z–2, and
Z–3 also issued under 5 U.S.C. 553, Section
1910.1000 Tables Z–1, Z–2, and Z–3, but not
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Jkt 226001
*
Bloodborne pathogens.
*
*
*
*
(i) * * *
(5) * * *
(iii) The sharps injury log shall be
maintained for the period required by
29 CFR 1904.33.
*
*
*
*
*
PART 1915—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT
Section 1915.100 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 553.
Sections 1915.120 and 1915.152 of 29 CFR
also issued under 29 CFR 1911.
Subpart Z—Toxic and Hazardous
Substances
24. In § 1915.1000, revise paragraph
(d)(1)(ii) to read as follows:
■
Air contaminants.
*
*
*
*
*
(d) * * *
(1)(i) * * *
(ii) To illustrate the formula
prescribed in paragraph (d)(1)(i) of this
section, assume that Substance A has an
8-hour time weighted average limit of
100 ppm noted in Table Z—Shipyards.
Assume that an employee is subject to
the following exposure:
Two hours exposure at 150 ppm
Two hours exposure at 75 ppm
Four hours exposure at 50 ppm
Substituting this information in the
formula, we have
(2 × 150 + 2 × 75 + 4 × 50) ÷ 8 = 81.25
ppm
Since 81.25 ppm is less than 100
ppm, the 8-hour time weighted average
limit, the exposure is acceptable.
*
*
*
*
*
PART 1926—SAFETY AND HEALTH
REGULATIONS FOR CONSTRUCTION
Subpart D—Occupational Health and
Environmental Controls
25. The authority citation for subpart
D continues to read as follows:
■
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C.
653, 655, 657; and Secretary of Labor’s Order
No. 12–71 (36 FR 8754), 8–76 (41 FR 25059),
9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–
96 (62 FR 111), 3–2000 (65 FR 50017), 5–
2002 (67 FR 65008), 5–2007 (72 FR 31160),
or 4–2010 (75 FR 55355), as applicable; and
29 CFR 1911.
Sections 1926.58, 1926.59, 1926.60, and
1926.65 also issued under 5 U.S.C. 553 and
29 CFR 1911.
Section 1926.61 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 553.
Section 1926.62 of 29 CFR also issued
under 42 U.S.C. 4853.
Section 1926.65 of 29 CFR also issued
under 29 U.S.C. 655 note, and 5 U.S.C.
26. In Appendix A to § 1926.50, revise
the second paragraph to read as follows:
■
23. The authority citation for part
1915 continues to read as follows:
§ 1926.50
Medical services and first aid.
*
*
Authority: 33 U.S.C. 941; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 12–
71 (36 FR 8754), 8–76 (41 FR 25059), 9–83
(48 FR 35736), 1–90 (55 FR 9033), 6–96 (62
Appendix A to § 1926.50—First Aid
Kits (Non-Mandatory)
■
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E:\FR\FM\27DER1.SGM
*
*
*
27DER1
*
*
*
*
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations
In a similar fashion, employers who have
unique or changing first-aid needs in their
workplace may need to enhance their firstaid kits. The employer can use the OSHA 300
log, OSHA 301 log, or other reports to
identify these unique problems. Consultation
from the local fire/rescue department,
appropriate medical professional, or local
emergency room may be helpful to employers
in these circumstances. By assessing the
specific needs of their workplace, employers
can ensure that reasonably anticipated
supplies are available. Employers should
assess the specific needs of their worksite
periodically and augment the first aid kit
appropriately.
*
*
*
*
*
27. In § 1926.62, revise paragraph
(j)(2)(iv)(B) to read as follows:
■
§ 1926.62
Lead.
*
*
*
*
*
(j) * * *
(2) * * *
(B) The employer shall notify each
employee whose blood lead level is at
or above 40 mg/dl that the standard
requires temporary medical removal
with Medical Removal Protection
benefits when an employee’s blood lead
level is at or above the numerical
criterion for medical removal under
paragraph (k)(1)(i) of this section.
*
*
*
*
*
[FR Doc. 2011–32853 Filed 12–23–11; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DOD–2011–HA–0134; RIN 0720–AB55]
TRICARE: Certified Mental Health
Counselors
Office of the Secretary,
Department of Defense.
ACTION: Interim final rule.
AGENCY:
This rule is submitted as an
interim final rule (IFR) in order to meet
the Congressional requirement set forth
in the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2011,
Section 724, which required the
Department of Defense to prescribe
regulations by June 20, 2011, to
establish the criteria, as had previously
been studied in accordance with Section
717 of the NDAA 2008, that would
allow licensed or certified mental health
counselors to be able to independently
provide care to TRICARE beneficiaries
and receive payment for those services.
Under current TRICARE requirements,
mental health counselors (MHCs) are
authorized to practice only with
erowe on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
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physician referral and supervision. This
interim final rule establishes a transition
period to phase out the requirement for
physician referral and supervision for
MHCs and to create a new category of
allied health professionals, to be known
as certified mental health counselors
(CMHCs), who will be authorized to
practice independently under TRICARE.
During this transition period the
MHCs who do not meet the
requirements for independent practice
as established in this rule, may continue
to provide services to TRICARE
beneficiaries under the requirements of
physician referral and ongoing
supervision. This transition period,
ending December 31, 2014, will allow
time for those MHCs who seek to
continue providing services under the
TRICARE program to meet the
independent practice requirements as
outlined in this notice. After December
31, 2014, the Department of Defense
will no longer recognize those mental
health counselors who do not meet the
criteria for a CMHC and will no longer
allow them to provide services even
upon the referral and supervision of a
physician.
This rule is effective on
December 27, 2011. Written comments
received at the address indicated below
by February 27, 2012 will be accepted.
ADDRESSES: You may submit comments,
identified by docket number and or
Regulatory Information Number (RIN)
number and title, by either of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
2nd Floor, East Tower, Suite 02G09,
Alexandria, VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DATES:
Dr.
Patricia Moseley, TRICARE
Management Activity, Office of the
Chief Medical Officer, telephone (703)
681–0064.
SUPPLEMENTARY INFORMATION: TRICARE
serves over 9.6 million beneficiaries
comprised of active duty service
members, retirees, and their families,
FOR FURTHER INFORMATION CONTACT:
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80741
among others. The nature of the
conflicts in Iraq and Afghanistan, their
duration, and the Department of
Defense’s appreciation and sensitivity to
the impact of combat on a service
member’s mental health have driven
strong efforts to ensure that quality
mental health care is available and
accessible to TRICARE beneficiaries.
One element of these efforts is ongoing
attention to increasing the number of
quality providers that can assess and
treat TRICARE beneficiaries.
The National Defense Authorization
Act for Fiscal Year 2006 Conference
Report, No. 109–360, p. 753–4,
requested from DoD a report to Congress
on actions taken to improve the
efficiency and effectiveness of
procedures to facilitate physician
referral and supervision of licensed
professional counselors (LPCs),
including a description of ‘‘best
practices’’ employed throughout the
military health system to ensure access
to services provided by mental health
counselors under the TRICARE
Program. That report concluded that
there remained significant variability
among the States in training programs
and requirements for licensure as a
mental health counselor and that while
there was evidence that the extent of
training variability had decreased over
time, it continued to be evident that
professional counselors licensed to
practice had quite varying exposure to
classroom education and supervised
clinical experiences in the assessment
and treatment of persons with mental
disorders. In conclusion the report
noted: ‘‘Given the practical obstacles to
physician supervision of LPCs and the
perceived impediment to accessing
services caused by the physician referral
requirement, it would be prudent to
explore issues of supervision, referral,
provider credentialing, and scope of
practice to develop options that would
preserve quality of care, safeguard the
health and well-being of Service
members and maximize access to
mental health care for all beneficiaries.
An examination of these issues would
certainly support other activities having
the goal of improving mental health care
to veterans, active duty service members
and their families, including the recent
creation of the DoD Task Force on
Mental Health.’’
Section 717 of the National Defense
Authorization Act of Fiscal Year 2008
directed the Secretary of Defense to
study the credentials, preparation, and
training of individuals practicing as
licensed mental health counselors and
to make recommendations for
permitting licensed mental health
counselors to practice independently
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]]>Agencies
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80735-80741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32853]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
Corrections and Technical Amendments to 16 OSHA Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of corrections and technical amendments to standards.
-----------------------------------------------------------------------
SUMMARY: OSHA is correcting typographical errors in, and making non-
substantive technical amendments to, 16 OSHA standards. The technical
amendments include updating or revising cross-references and updating
OSHA recordkeeping log numbers.
DATES: The effective date for the corrections and technical amendments
to the standards is December 27, 2011.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Contact Frank Meilinger,
Director, OSHA Office of Communications, Room N3647, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999 or fax: (202) 693-1635.
Technical information: Contact Lisa Long, OSHA Directorate of Standards
and Guidance, Room N3609, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone: (202) 693-2222.
SUPPLEMENTARY INFORMATION:
I. Summary and Explanation
OSHA is publishing technical amendments to 16 OSHA standards. These
revisions do not affect the substantive requirements or coverage of
[[Page 80736]]
those standards, do not modify or revoke existing rights or
obligations, and do not establish new rights or obligations.
A. Process Safety Management of Highly Hazardous Chemicals (Sec.
1910.119)
OSHA is correcting a typographical error in the reference to a
chemical covered by the Process safety management of highly hazardous
chemicals standard (29 CFR 1910.119; 57 FR 6403). Appendix A of the
standard lists the covered chemicals. The chemical Oleum appears in
Appendix A with an incorrect Chemical Abstracts Service (CAS) number of
8014-94-7. The correct CAS number for Oleum is 8014-95-7 (see The Merck
Index, 13th Edition (2001)), and OSHA is correcting this error.
B. Hazardous Waste Operations and Emergency Response (Sec. 1910.120)
OSHA is updating a citation in the Hazardous waste operations and
emergency response (HAZWOPER) Standard (29 CFR 1910.120; 54 FR 9294).
In paragraph (a)(3) of the standard, OSHA defines the term ``hazardous
substance.'' In that definition, OSHA refers to ``Section 101(14)'' of
the Comprehensive Environmental Response Compensation, and Liability
Act (CERCLA) (42 U.S.C. 9601). After OSHA published the standard,
Congress redesignated Section 101(14) of CERCLA as Section 103(14).
OSHA is revising the definition to include the new citation.
C. Permit-Required Confined Spaces (Sec. 1910.146)
OSHA is correcting a cross-reference in the Permit-required
confined spaces standard (29 CFR 1910.146; 58 FR 4549). Paragraph
(d)(4) of the standard lists equipment that the employer must provide
and maintain for permit-space entry. Specifically, paragraph (d)(4)(vi)
requires that the employer provide barriers and shields ``as required
by paragraph (d)(3)(iv) of this section.'' Paragraph (d)(3) lists
various means, procedures, and practices the employer must develop and
implement for safe permit-space entry operations. When OSHA issued
Sec. 1910.146, paragraph (d)(3)(iv) listed as one of those practices
``providing pedestrian, vehicle, or other barriers as necessary to
protect entrants from external hazards.'' When OSHA revised Sec.
1910.146 in 1998, it inserted a new practice as paragraph (d)(3)(ii)
and renumbered the remaining practices (63 FR 230). Consequently, OSHA
redesignated paragraph (d)(3)(iv) as paragraph (d)(3)(v). However,
during that rulemaking, OSHA did not revise the cross-reference to this
provision. This notice corrects that oversight.
D. Medical Services and First Aid (Sec. Sec. 1910.151 and 1926.50)
OSHA is updating cross-references in Sec. Sec. 1910.151 and
1926.50, which establish requirements for medical services and first
aid in general industry and construction, respectively. In 1998, OSHA
added non-mandatory Appendix A to both standards to provide information
about basic first-aid supplies and to instruct employers to use OSHA
200 logs and OSHA 101 forms to identify unique or changing first-aid
needs.
After OSHA adopted Appendix A, it revised the rule on Recordkeeping
and reporting occupational injuries and illnesses rule (29 CFR part
1904). As part of that rulemaking, OSHA revised the forms that
employers must keep for recording and reporting workplace injuries and
illnesses (Sec. 1904.29). OSHA replaced the 200 Log and Summary of
Occupational Injuries and Illnesses with two separate forms--the OSHA
300 (Log of Work-Related Injuries and Illnesses) and the OSHA 300A
(Summary of Work-Related Injuries and Illnesses). In addition, OSHA
replaced Form 101 (Supplementary Record of Occupational Injuries and
Illnesses) with OSHA Form 301 (Injury and Illness Incident Report).
During this rulemaking, OSHA planned to revise all references to the
recordkeeping forms in other OSHA standards. However, OSHA overlooked
the appendices in both Sec. Sec. 1910.151 and 1926.50. This notice is
updating those references.
E. Servicing Multi-Piece and Single-Piece Rim Wheels (Sec. 1910.177)
OSHA originally published the standard for servicing multi-piece
rim wheels, Sec. 1910.177, on January 29, 1980 (45 FR 6706). OSHA
amended the standard on February 3, 1984, to incorporate servicing
requirements for single-piece rim wheels, and to make minor revisions
to the multi-piece rim wheel servicing provisions (49 FR 4338). Having
developed its own charts in the interim by revising the National
Highway Traffic Safety Administration (NHTSA) charts, OSHA amended the
standard to include these revisions and indicate the availability of
the new charts from OSHA (53 FR 34736).
Appendix B of the standard states that the regulated community can
obtain copies of the OSHA charts entitled ``Demounting and Mounting
Procedures for Truck/Bus Tires'' and ``Multi-piece Rim Matching Chart''
directly from OSHA. However, OSHA has not had copies of these charts
available for distribution for several years. Similarly, the NHTSA
publications entitled ``Demounting and Mounting Procedures Truck/Bus
Tires'' and ``Multi-piece Rim Matching Chart'' appear to be no longer
available. Therefore, based on discussions with representatives from
the tire, rubber, and wheel manufacturing industries, OSHA determined
that new charts addressing current hazards in the tire-servicing
industry are necessary.
Given the information technologies available in the 1980s, large
posters containing the tire-servicing information appeared to OSHA to
be the most effective means of providing workers with the information
at the worksite necessary to perform tire-servicing operations safely.
This approach involved printing and distributing large numbers of these
posters. In updating this information, OSHA decided not to print large
posters with the updated information, but to provide an 8\1/2\ inch by
11-inch printed manual containing this information that employers could
use in the shop as an alternative to displaying the large posters. The
manual would be more portable and accessible than a large poster, which
employers typically mounted on a wall.
To reduce the distribution burden, OSHA will print and mail the
manuals, but not the posters. The posters, as well as the manuals, will
be available in electronic files (PDF) on the OSHA Web site at https://www.osha.gov/publications (and type ``tire chart'' in the search
field). Since the file for the large poster will be available in
various sizes (including 8\1/2\ inches by 11 inches), OSHA determined
that, to be legible, posters located in the service area as specified
by 29 CFR 1910.177(d)(5) must be at least 2 feet by 3 feet in size
(i.e., the size of the former posters supplied by OSHA).
OSHA also is revising the content of its two existing charts. The
``Multi-piece Rim Matching Chart'' will provide an updated list of
multi-piece rim wheel components, both current and obsolete, while the
``Demounting and Mounting Procedures for Truck/Bus Tires'' chart will
consist of two separate charts entitled ``Demounting and Mounting
Procedures for Tubeless Truck and Bus Tires'' and ``Demounting and
Mounting Procedures for Tube-Type Truck and Bus Tires.''
OSHA believes that the new charts will reduce tire-servicing
accidents among employees and simplify compliance with the standard
because the new charts summarize updated information from many sources,
including the NHTSA and OSHA charts, rim manuals, and the OSHA
standard,
[[Page 80737]]
and are more accessible and useable than the posters these charts are
replacing. In addition, the updated manuals and posters will not
increase the substantive obligation on employers under the standard to
provide employees with tire-servicing information. Consistent with
these revisions, OSHA is amending the definitions of ``charts'' in
paragraph (b) of the standard to refer to the new Department of Labor
charts (i.e., manuals or posters), or to any other information or
poster that provides at least the same instructions, safety
precautions, and other information contained in OSHA's charts, and that
is applicable to the types of rim wheels the employer is servicing. In
addition, OSHA is revising Appendix B to provide current ordering
information for the new OSHA manuals.
F. Mechanical Power Presses (Sec. 1910.217)
The Mechanical power presses standard (29 CFR 1910.217) requires
that employers submit to OSHA reports of employees injured while
operating such presses. Paragraph (g)(1) specifies that employers must
submit the reports to federal OSHA or, for state-plan states, the state
agency administering the plan. OSHA is revising this provision to
include the new title of the federal OSHA office designated to receive
the reports, and to provide an electronic address for submitting
reports, which the Paperwork Reduction Act and associated regulations
(44 U.S.C. chapter 35; 5 CFR 1320.8(a)(5)) encourages.
G. Pulp, Paper, and Paperboard Mills (Sec. 1910.261)
OSHA is correcting three errors involving incorrect cross
references in this standard. On June 18, 1998 (63 FR 33450), OSHA
removed or revised provisions in its standards that were outdated,
duplicative, unnecessary, or inconsistent. Among other revisions, this
action deleted paragraphs (b)(1) and (b)(3) from this standard, which
referenced outdated American National Standards Institute national
consensus standards B15.1-1953, Safety Code for Mechanical Power-
Transmission Apparatus, and A12.1-1967, Safety Requirements for Floor
and Wall Openings, Railings, and Toeboards, respectively. However, in
doing so, OSHA did not amend paragraphs (e)(12)(i), which references
deleted paragraph (b)(3), or paragraph (e)(12)(ii), which references
deleted paragraph (b)(1). In addition, with the deletion of paragraphs
(b)(1), (b)(2), and (b)(3), OSHA redesignated paragraph (b)(4) as
paragraph (b)(1). However, OSHA did not revise the cross reference to
redesignated paragraph (b)(1) in paragraph (e)(12)(iii). Therefore,
with this notice, OSHA is removing the references to paragraphs (b)(3),
(b)(1), and (b)(4) in existing paragraphs (e)(12)(i), (e)(12)(ii), and
(e)(12)(iii), respectively, and replacing these references with the
correct references (29 CFR 1910.23, 29 CFR 1910.219, and paragraph
(b)(1) of 29 CFR 1910.261, respectively).
H. Sawmills (Sec. 1910.265)
OSHA is correcting a typographical error in a cross reference in
this standard. Paragraph (e)(2)(iv) of the standard, which establishes
safety requirements for twin circular-head saw rigs, provides: ``Twin
circular head saw rigs such as scrag saws shall meet the specifications
for single circular head saws in paragraph (e)(1)(iii) of this section
where applicable.'' The cross reference to paragraph (e)(1)(iii) of the
standard is incorrect. The provision should cross reference paragraph
(e)(2)(iii), which specifies requirements for singular circular-head
saws; OSHA is correcting the error.
I. Grain Handling Facilities (Sec. 1910.272)
The Grain handling facilities standard (29 CFR 1910.272) applies to
general industry and, through incorporation by reference, to marine
terminals that handle grain (29 CFR 1917.1(a)(2)(v)). In 1985, OSHA
issued a compliance directive interpreting requirements of the standard
as it applied to marine terminals (see CPL 02-00-066). The directive
was the result of a settlement agreement with the National Grain and
Feed Association, Inc.
In 2002, OSHA conducted a regulatory review of the standard
pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and
Executive Order 12866. During the review, stakeholders recommended that
OSHA include in the standard a cross reference to the compliance
directive. OSHA agreed and, accordingly, is inserting a note in
paragraph (a) of the standard stating that OSHA will enforce the
standard, as it applies to marine terminals, consistent with the 1985
compliance directive.
J. Commercial Diving Operations (Sec. 1910.440)
Phase III of the Standards Improvement Project (SIP III) revised
requirements within OSHA standards that were confusing, outdated,
duplicative, or inconsistent. One such revision to the Commercial
Diving Operations standard at Sec. 1910.440(b)(5) removed the
requirement that employers transfer dive and employee medical records
to the National Institute for Occupational Safety and Health (NIOSH) in
the absence of a successor employer. However, subsequent review of the
regulatory text at Sec. 1910.440(b)(4) identified a provision
requiring employers to transfer hospitalization and decompression-
related records to NIOSH after the five-year retention period for these
records expires. This record-transfer requirement involves records that
are similar to the records specified in the record-transfer requirement
in Sec. 1910.440(b)(5), which OSHA removed from the standard under SIP
III. Therefore, for the sake of consistency and accuracy, OSHA is
revising Sec. 1910.440(b)(4) by removing the record-transfer
requirement in Sec. 1910.440(b)(4).\1\ The rationale for removing this
record-transfer requirement is the same as the rationale expressed
earlier by OSHA when it removed Sec. 1910.440(b)(5) from the standard
(see 76 FR 33590, 33598).
---------------------------------------------------------------------------
\1\ OSHA received no comments on the proposal to remove Sec.
1910.440(b)(5) from the standard. Accordingly, OSHA considers the
action to remove the record-transfer requirement from Sec.
1910.440(b)(4) described in this notice to be non-controversial, and
unlikely to elicit an objection from any stakeholder.
---------------------------------------------------------------------------
K. 13 Carcinogens (4-Nitrobiphenyl, etc.) (Sec. 1910.1003)
In the 13 Carcinogens standard (29 CFR 1910.1003), OSHA is deleting
two cross references to a section of the standard that it removed in
the second Standards Improvement Project rulemaking (70 FR 1116). In
that rulemaking, OSHA deleted paragraph (f) of the standard, which
required that employers submit to OSHA reports of operations involving
any of the 13 carcinogens and incidents resulting in the release of any
of them. However, during the rulemaking OSHA did not delete two cross
references to paragraph (f) contained in paragraph (d)(2) of the
standard (see paragraphs (d)(2)(v) and (d)(2)(iii)). OSHA is correcting
this oversight.
L. Lead (Sec. 1910.1025 and Sec. 1926.62)
The SIP III final rule also made revisions regarding medical
surveillance in the Lead standards at Sec. 1910.1025 (General
Industry) and Sec. 1926.62 (Construction). The purpose of these
revisions was to achieve consistency among the action levels for
employee notification across all OSHA Lead standards (see 76 FR 33590,
33598). Accordingly, the SIP III final rule revised the language in
Sec. Sec. 1910.1025(j) and 1926.62(j) regarding actionable
[[Page 80738]]
blood-lead levels for employee notification from ``exceeds'' 40 [mu]g/
dl to ``is at or above'' 40 [mu]g/dl.\2\ Subsequent review of the
regulatory text in Sec. Sec. 1910.1025 (j)(2)(iv)(B) and
1926.62(j)(2)(iv)(B) found that these paragraphs used the term
``exceeds'' to describe the actionable blood-lead level for notifying
employees of requirements for temporary medical removal and employee
medical-removal protection benefits. For the sake of consistency and
accuracy among action levels across all OSHA Lead standards, and in
keeping with the original purpose specified in the SIP III rulemaking,
OSHA is replacing the term ``exceeds'' in Sec. Sec. 1910.1025
(j)(2)(iv)(B) and 1926.62(j)(2)(iv)(B) with the phrase ``is at or
above'' to designate the actionable blood-lead levels (i.e., 40 [mu]g/
dl) at which employers must notify their employees that the standard
requires temporary medical removal with medical-removal protection
benefits when an employee's blood-lead level is at or above a specified
level.
---------------------------------------------------------------------------
\2\ OSHA received several comments in support of the proposal to
revise this language, and no comments against it. Therefore, OSHA
considers the revisions to Sec. Sec. 1910.1025 (j)(2)(iv)(B) and
1926.62(j)(2)(iv)(B) described in this notice to be non-
controversial, and unlikely to elicit an objection from any
stakeholder.
---------------------------------------------------------------------------
M. Bloodborne Pathogens (Sec. 1910.1030)
OSHA is updating a cross reference to 29 CFR 1904.6 in the
Bloodborne pathogens standard (29 CFR 1910.1030). On January 18, 2001,
in conformance with the Needlestick Safety and Prevention Act (P.L.
106-430), OSHA revised the Bloodborne pathogens standard to require
that employers maintain logs of percutaneous injuries from contaminated
sharps (see Sec. 1910.1030(i)(5)). The revised standard at Sec.
1910.1030(i)(5)(iii) required that employers maintain the sharps injury
log for the period required by 29 CFR 1904.6. OSHA subsequently revised
the Recordkeeping rule (29 CFR 1904; 66 FR 6122). As part of that
rulemaking, OSHA reordered many sections of the Recordkeeping rule,
including Sec. 1904.6, which became Sec. 1904.33. Therefore, OSHA now
is updating the cross reference in paragraph (i)(5)(iii) of the
Bloodborne pathogens rule from 29 CFR 1904.6 to 29 CFR 1904.33.
N. Air Contaminants (Sec. 1915.1000)
OSHA is correcting a typographical error in the Air contaminants
standard for shipyard employment (29 CFR 1915.1000). The standard
contains requirements for limiting employee exposure to the hazardous
substances listed in Table Z of the rule. Paragraph (d) of the standard
contains a computation formula for determining exposure levels for
employees exposed to more than one substance for which subpart Z of
part 1915 lists an 8-hour time weighted average. Paragraph (d)(1)(ii)
of the standard contains an example to illustrate the computation
formula. In four places in this paragraph, the example incorrectly
refers to the abbreviation for ``parts per million'' as ``p/m.'' In
this notice, OSHA is correcting the abbreviation to read ``ppm.''
II. Exemption From Notice-and-Comment Procedures
OSHA determined that this rulemaking is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29
CFR 1911.5. This rulemaking does not affect or change any existing
rights or obligations, and no stakeholder is likely to object to them.
Therefore, the Agency finds good cause that public notice and comment
are unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C.
655(b), and 29 CFR 1911.5.
List of Subjects
29 CFR Part 1910
Hazardous substances, Occupational safety and health, Reporting and
recordkeeping requirements.
29 CFR Part 1915
Hazardous substances, Occupational safety and health, Reporting and
recordkeeping requirements, Vessels.
29 CFR Part 1926
Construction industry, Hazardous substances, Occupational safety
and health, Reporting and recordkeeping requirements.
III. Authority and Signature
David Michaels, MPH, Ph.D., Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, authorized the
preparation of this document. Accordingly, pursuant to Section 6 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), Section 107
of the Contract Work Hours and Safety Standards Act (Construction
Safety Act) (40 U.S.C. 3704), Section 4 of the Administrative
Procedures Act (5 U.S.C. 553), Secretary of Labor's Order No. 4-2010
(75 FR 55355), and 29 CFR 1911.5, 29 CFR parts 1910, 1915 and 1926 are
amended as set forth below.
Signed at Washington, DC on December 19, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart H--Hazardous Materials [Amended]
0
1. The authority citation for subpart H of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31159), or 4-2010 (75 FR 55355), as
applicable; and 29 CFR part 1911.
Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR
part 1911.
Section 1910.119 also issued under Pub. L. 101-549, reprinted at
29 U.S.C. 655 Note.
Section 1910.120 also issued under 29 U.S.C. 655 Note, and 5
U.S.C. 553.
0
2. In Appendix A to Sec. 1910.119, revise the entry entitled ``Oleum''
to read as follows:
Sec. 1910.119 Process safety management of highly hazardous
chemicals.
* * * * *
Appendix A to Sec. 1910.119--List of Highly Hazardous Chemicals,
Toxics and Reactives (Mandatory)
* * * * *
------------------------------------------------------------------------
Chemical name CAS * TQ **
------------------------------------------------------------------------
* * * * *
Oleum (65% to 80% by weight; also called 8014-95-7 1,000
Fuming Sulfuric Acid)......................
* * * * *
------------------------------------------------------------------------
0
3. In paragraph (a)(3) of Sec. 1910.120, revise paragraph (A) of the
definition of ``Hazardous substance'' to read as follows:
Sec. 1910.120 Hazardous waste operations and emergency response.
* * * * *
(a) * * *
(3) * * *
Hazardous substance * * *
(A) Any substance defined under section 103(14) of the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA) (42 U.S.C. 9601).
* * * * *
[[Page 80739]]
Subpart J--General Environmental Controls
0
4. Revise the authority citation for subpart J to read as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55-FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2007 (72 FR
31159), or 4-2010 (75 FR 55355), as applicable.
Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147
also issued under 29 CFR part 1911.
0
5. In of Sec. 1910.146, revise paragraph (d)(4)(vi) to read as
follows:
Sec. 1910.146 Permit-required confined spaces.
* * * * *
(d) * * *
(4) * * *
(vi) Barriers and shields as required by paragraph (d)(3)(v) of
this section.
* * * * *
Subpart K--Medical and First Aid
0
6. The authority citation for subpart K continues to read as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 4-2010 (75
FR 55355), as applicable, and 29 CFR part 1911.
0
7. In Appendix A to Sec. 1910.151, revise the second paragraph to read
as follows:
Sec. 1910. 151 Medical services and first aid.
* * * * *
Appendix A to Sec. 1910.151--First Aid Kits (Non-Mandatory)
* * * * *
In a similar fashion, employers who have unique or changing
first-aid needs in their workplace may need to enhance their first-
aid kits. The employer can use the OSHA 300 log, OSHA 301 log, or
other reports to identify these unique problems. Consultation from
the local fire/rescue department, appropriate medical professional,
or local emergency room may be helpful to employers in these
circumstances. By assessing the specific needs of their workplace,
employers can ensure that reasonably anticipated supplies are
available. Employers should assess the specific needs of their
worksite periodically and augment the first aid kit appropriately.
* * * * *
Subpart N--Materials Handling and Storage
0
8. The authority citation for subpart N of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355), as
applicable; and 29 CFR 1911.
Sections 1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.
0
9-10. In Sec. 1910.177:
0
a. In paragraph (b), revise the definition of ``charts''; and
0
b. Revise Appendix B.
The revisions read as follows:
Sec. 1910.177 Servicing of multi-piece and single-piece rim wheels.
* * * * *
(b) * * *
Charts means the U.S. Department of Labor, Occupational Safety and
Health Administration publications entitled ``Demounting and Mounting
Procedures for Tube-Type Truck and Bus Tires,'' ``Demounting and
Mounting Procedures for Tubeless Truck and Bus Tires,'' and ``Multi-
Piece Rim Matching Chart.'' These charts may be in manual or poster
form. OSHA also will accept any other manual or poster that provides at
least the same instructions, safety precautions, and other information
contained in these publications, which is applicable to the types of
wheels the employer is servicing.
* * * * *
Appendix B--Ordering Information for the OSHA Charts
The information on the OSHA charts is available on three
posters, or in a manual containing the three charts, entitled
``Demounting and Mounting Procedures for Tubeless Truck and Bus
Tires,'' ``Demounting and Mounting Procedures for Tube-Type Truck
and Bus Tires,'' and ``Multi-piece Rim Matching Chart.'' Interested
parties can download and print both the manuals and posters from
OSHA's Web site at https://www.osha.gov/publications (and type ``tire
chart'' in the search field). However, when used by the employer at
a worksite to provide information to employees, the printed posters
must be, at a minimum, 2 feet wide and 3 feet long. Copies of the
manual also are available from the Occupational Safety and Health
Administration (OSHA Office of Publications, Room N-3101, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210; telephone: (202) 693-1888; or fax: (202) 693-2498).
Subpart O--Machinery and Machine Guarding
0
11. The authority section citation for subpart O of part 1910 continues
to read as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 5-2002 (67 FR 65008), or 4-2010 (75 FR 55355), as
applicable; 29 CFR part 1911. Sections 1910.217 and 1910.219 also
issued under 5 U.S.C. 553.
0
12. In Sec. 1910.217, revise paragraph (g)(1) and add paragraph (g)(2)
to read as follows:
Sec. 1910.217 Mechanical power presses.
* * * * *
(g) * * *
(1) The employer shall report, within 30 days of the occurrence,
all point-of-operation injuries to operators or other employees to
either (1) the Director of the Directorate of Standards and Guidance at
OSHA, U.S. Department of Labor, Washington, DC 20210 (https://www.osha.gov/pls/oshaweb/mechanical.html), or
(2) The State agency administering a plan approved by the Assistant
Secretary of Labor for Occupational Safety and Health.
* * * * *
Subpart R--Special Industries
0
13. The authority citation for subpart R of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 6-96
(62 FR 111), 5-2007 (72 FR 31159), or 4-2010 (75 FR 55355), as
applicable; and 29 CFR part 1911.
0
14. In 1910.261, revise paragraphs (e)(12)(i), (ii), and (iii) to read
as follows:
Sec. 1910.261 Pulp, paper, and paperboard mills.
* * * * *
(e) * * *
(12) * * *
(i) When platforms or floors allow access to the sides of the
drums, a standard railing shall be constructed around the drums. When
two or more drums are arranged side by side, proper walkways with
standard handrails shall be provided between each set, in accordance
with the requirements of 29 CFR 1910.23, Guarding floor and wall
openings and holes.
(ii) Sprockets and chains, gears, and trunnions shall have standard
guards, in accordance with the requirements of 29 CFR 1910.219,
Mechanical power-transmission apparatus.
(iii) Whenever it becomes necessary for a workman to go within a
drum, the driving mechanism shall be locked and tagged, at the main
disconnect switch, in accordance with paragraph (b)(1) of this section.
* * * * *
0
15. In Sec. 1910.265 revise paragraph (e)(2)(iv) to read as follows:
[[Page 80740]]
Sec. 1910.265 Sawmills.
* * * * *
(e) * * *
(2) * * *
(iv) Twin circular head saws. Twin circular head saws rigs such as
scrag saws shall meet the specifications for single circular head saws
in paragraph (e)(2)(iii) of this section where applicable.
* * * * *
0
16. In 1910.272, amend paragraph (a) by adding a note at the end of the
paragraph to read as follows:
Sec. 1910.272 Grain handling facilities.
(a) * * *
Note to paragraph (a): For grain-handling facilities in the
marine-terminal industry only, 29 CFR 1910.272 is to be enforced
consistent with the interpretations in OSHA Compliance Directive 02-
00-066, which is available on OSHA's Web page at www.osha.gov.
* * * * *
Subpart T--Commercial Diving Operations
0
17. The authority citation for subpart T continues to read as follows:
Authority: 29 U.S.C. 653, 655, 657; 40 U.S.C. 333; 33 U.S.C.
941; Secretary of Labor's Order No. 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355)
as applicable, and 29 CFR 1911.
0
18. In Sec. 1910.440, revise paragraph (b)(4) to read as follows:
Sec. 1910.440 Recordkeeping requirements.
* * * * *
(b) * * *
(4) The employer shall comply with any additional requirements set
forth at 29 CFR 1910.1020,
* * * * *
Subpart Z--[Amended]
0
19. The authority citation for subpart Z continues to read as follows:
Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355),
as applicable, and 29 CFR 1911.
All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under section 6(a) (29 U.S.C. 655(a)).
Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5
U.S.C. 553, Section 1910.1000 Tables Z-1, Z-2, and Z-3, but not
under 29 CFR 1911, except for the arsenic (organic compounds),
benzene, cotton dust, and chromium (VI) listings.
Section 1910.1001 also issued under 40 U.S.C. 3704 and 5 U.S.C.
553.
Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR 1911.
Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.
Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 533.
0
20. Amend Sec. 1910.1003 by:
0
a. Revising paragraph (d)(2)(iii); and
0
b. Removing paragraph (d)(2)(v) and redesignating paragraphs (d)(2)(vi)
as paragraph (d)(2)(v).
The revision reads as follows:
Sec. 1910.1003 13 Carcinogens (4-Nitrobiphenyl, etc.).
* * * * *
(d) * * *
(2) * * *
(iii) Special medical surveillance by a physician shall be
instituted within 24 hours for employees present in the potentially
affected area at the time of the emergency.
* * * * *
0
21. In Sec. 1910.1025, revise paragraph (j)(2)(iv)(B) to read as
follows:
Sec. 1910.1025 Lead.
* * * * *
(j) * * *
(2) * * *
(iv) * * *
(B) That the standard requires temporary medical removal with
Medical Removal Protection benefits when an employee's blood lead level
is at or above the numerical criterion for medical removal under
paragraph (k)(1)(i) of this section.
* * * * *
0
22. In Sec. 1910.1030, revise paragraph (i)(5)(iii) to read as
follows:
Sec. 1910.1030 Bloodborne pathogens.
* * * * *
(i) * * *
(5) * * *
(iii) The sharps injury log shall be maintained for the period
required by 29 CFR 1904.33.
* * * * *
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
23. The authority citation for part 1915 continues to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR
55355), as applicable.
Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR 1911.
Subpart Z--Toxic and Hazardous Substances
0
24. In Sec. 1915.1000, revise paragraph (d)(1)(ii) to read as follows:
Sec. 1915.1000 Air contaminants.
* * * * *
(d) * * *
(1)(i) * * *
(ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of
this section, assume that Substance A has an 8-hour time weighted
average limit of 100 ppm noted in Table Z--Shipyards. Assume that an
employee is subject to the following exposure:
Two hours exposure at 150 ppm
Two hours exposure at 75 ppm
Four hours exposure at 50 ppm
Substituting this information in the formula, we have
(2 x 150 + 2 x 75 + 4 x 50) / 8 = 81.25 ppm
Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted
average limit, the exposure is acceptable.
* * * * *
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart D--Occupational Health and Environmental Controls
0
25. The authority citation for subpart D continues to read as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or
4-2010 (75 FR 55355), as applicable; and 29 CFR 1911.
Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued
under 5 U.S.C. 553 and 29 CFR 1911.
Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Section 1926.62 of 29 CFR also issued under 42 U.S.C. 4853.
Section 1926.65 of 29 CFR also issued under 29 U.S.C. 655 note,
and 5 U.S.C.
0
26. In Appendix A to Sec. 1926.50, revise the second paragraph to read
as follows:
Sec. 1926.50 Medical services and first aid.
* * * * *
Appendix A to Sec. 1926.50--First Aid Kits (Non-Mandatory)
* * * * *
[[Page 80741]]
In a similar fashion, employers who have unique or changing
first-aid needs in their workplace may need to enhance their first-
aid kits. The employer can use the OSHA 300 log, OSHA 301 log, or
other reports to identify these unique problems. Consultation from
the local fire/rescue department, appropriate medical professional,
or local emergency room may be helpful to employers in these
circumstances. By assessing the specific needs of their workplace,
employers can ensure that reasonably anticipated supplies are
available. Employers should assess the specific needs of their
worksite periodically and augment the first aid kit appropriately.
* * * * *
0
27. In Sec. 1926.62, revise paragraph (j)(2)(iv)(B) to read as
follows:
Sec. 1926.62 Lead.
* * * * *
(j) * * *
(2) * * *
(B) The employer shall notify each employee whose blood lead level
is at or above 40 [mu]g/dl that the standard requires temporary medical
removal with Medical Removal Protection benefits when an employee's
blood lead level is at or above the numerical criterion for medical
removal under paragraph (k)(1)(i) of this section.
* * * * *
[FR Doc. 2011-32853 Filed 12-23-11; 8:45 am]
BILLING CODE 4510-26-P
