Occupational Safety and Health Administration 2005 – Federal Register Recent Federal Regulation Documents

This notice announces the application of TUV America, Inc., (TUVAM) for expansion of its recognition to use additional test standards, and presents the Agency's preliminary finding. This preliminary finding does not constitute an interim or temporary approval of this application.

The Occupational Safety and Health Administration (OSHA) is approving three standards: fall protection, forest activities and steel erection, promulgated by the Oregon Department of Consumer and Business Services pursuant to its OSHA-approved state plan. These standards differ from the equivalent federal standards but have been determined to be ``at least as effective'' as the federal standards. On August 9, 2004, OSHA published a Federal Register notice (69 FR 48253) requesting public comment on whether the Oregon standards met both the ``at least as effective'' criterion and product clause tests of Section 18(c)(2) of the Occupational Safety and Health Act. This notice invited interested persons to submit by September 8, 2004, written comments and views regarding the Oregon state standards and whether they should be approved by the Regional Administrator. OSHA received two comments in response to the fall protection standard.

OSHA requests data, information and comment on issues related to the increasing use of ionizing radiation in the workplace and potential worker exposure to it. Specifically, OSHA requests data and information about the sources and uses of ionizing radiation in workplaces today, current employee exposure levels, and adverse health effects associated with ionizing radiation exposure. OSHA also requests data and information about practices and programs employers are using to control employee exposure, such as exposure assessment and monitoring methods, control methods, employee training, and medical surveillance. The Agency will use the data and information it receives to determine what action, if any, is necessary to address worker exposure to occupational ionizing radiation.

The Occupational Safety and Health Administration (OSHA) has conducted a review of its Ethylene Oxide (EtO) Standard pursuant to section 610 of the Regulatory Flexibility Act and section 5 of Executive Order 12866 on Regulatory Planning and Review. EtO is used as a chemical intermediate to produce antifreeze and as a sterilant. In 1984, OSHA promulgated a standard to lower exposure to EtO from 50 parts per million (ppm) to 1 ppm based on evidence EtO exposure was associated with cancer in animals. The regulatory review has concluded that new studies indicate that EtO is associated with cancer in humans, that employee exposures have been substantially reduced thereby lowering risk to employees, that the standard has not had a negative impact on small businesses, that EtO production has increased, and that EtO sterilizers have been developed that meet the standard and cost less than older non-compliant sterilizers. Public commenters agree that the standard should remain in effect. Based on this review, OSHA concludes the EtO standard should remain in effect, but will issue new guidance materials in response to some commenters requests for clarification.

OSHA solicits comments concerning its request for an extension of the information-collection requirements contained in the Electrical Standards for Construction (29 CFR part 1926, subpart K) and for General Industry (29 CFR part 1910, subpart S).

This document provides the final text of regulations governing the employee protection (``whistleblower'') provisions of Section 6 of the Pipeline Safety Improvement Act of 2002 (``Pipeline Safety Act''), enacted into law December 17, 2002. This rule establishes procedures and time frames for the handling of discrimination complaints under the Pipeline Safety Act, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (``OSHA''), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (``ALJ'') for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (acting on behalf of the Secretary) and judicial review of the Secretary's final decision.

This notice modifies the scope of recognition of certain Nationally Recognized Testing Laboratories (NRTLs) primarily as a result of the withdrawal of certain test standards by the standards developing organizations.

This notice announces the Agency's final decision on the application of NSF International (NSF) for expansion of its recognition as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. This notice also announces NSF's Application for renewal of its recognition and presents the Agency's preliminary finding on the renewal. This preliminary finding does not constitute an interim or temporary approval of the renewal application. In an unrelated matter, we are adding one test standard, NFPA 72, Installation, Maintenance, and Use of Protective Signaling Systems, to the scope of recognition of Intertek Testing Services, NA (ITSNA), on an interim basis, subject to review.

ACCSH will meet February 17, 2005, in Rosemont, IL. This meeting is open to the public. Time and Date: ACCSH will meet from 9:30 a.m. to 1:30 p.m., Thursday, February 17, 2005. Place: ACCSH will meet at the Holiday Inn Select O'Hare, 10233 West Higgins Road, Rosemont, IL 60018.