Occupational Safety and Health Administration 2006 – Federal Register Recent Federal Regulation Documents
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Standards Improvement Project, Phase III
OSHA routinely conducts reviews of its existing safety and health standards to improve and update them. As part of this ongoing process, OSHA is issuing this ANPRM to initiate Phase III of the Standards Improvement Project (SIPs III). SIPs III is the third in a series of rulemaking actions intended to improve and streamline OSHA standards by removing or revising individual requirements within rules that are confusing, outdated, duplicative, or inconsistent. These revisions maintain or enhance employees' safety and health, while reducing regulatory burdens where possible. OSHA has already identified a number of provisions that are potential candidates for inclusion in SIPs III. These candidates include recommendations received from the public in other rulemakings. The purpose of this notice is to invite comment on these recommendations, as well as provide an opportunity for commenters to suggest other candidates that might be appropriate for inclusion in this rulemaking. OSHA will use the information received in response to this notice to help determine the scope of SIPs III.
Nationally Recognized Testing Laboratories; Proposed Revised Fee Schedule
This notice provides the proposed revised schedule of fees to be charged by the Occupational Safety and Health Administration (OSHA) to Nationally Recognized Testing Laboratories (NRTLs). OSHA charges fees for specific types of services it provides to NRTLs. The fees charged to NRTLs first went into effect on October 1, 2000.
TUV Rheinland of North America, Inc.; Expansion of Recognition
This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV Rheinland of North America, Inc., (TUV) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
NSF International; Expansion of Recognition
This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of NSF International (NSF) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
National Advisory Committee on Occupational Safety and Health (NACOSH); notice of Meeting
Congress created NACOSH to advise the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the Occupational Safety and Health Act of 1970. The purpose of this Federal Register notice is to announce the upcoming NACOSH meeting. The Agenda items for the meeting will include updates on activities of both the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH). Presentation will also be made on the following: National Occupational Research Agenda (NORA); Cooperative Programs; Enforcement Update; Standards Update; and Cranes and Derricks Small Business Regulatory Enforcement Fairness Act (SBREFA) Update.
Occupational Exposure to Hexavalent Chromium
The Occupational Safety and Health Administration (OSHA) is making a minor amendment to its final rule governing occupational exposure to hexavalent chromium in general industry, which was promulgated on February 28, 2006. This amendment implements a settlement agreement (Agreement) entered into among OSHA, the Surface Finishing Industry Council (SFIC), Public Citizen Health Research Group (HRG), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (Steelworkers) on October 25, 2006, to resolve SFIC's legal challenge to the standard.
Aerial Lifts; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirement
OSHA solicits public comment concerning its request for an extension of the information collection requirement contained in the Aerial Lifts Standard.
Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment.
On September 15, 2004, the Occupational Safety and Health Administration (OSHA) issued a new fire protection final rule for shipyards that incorporated by reference 19 National Fire Protection Association (NFPA) standards. Ten of those NFPA standards had been updated by NFPA since the fire protection rule was proposed and an additional NFPA standard has been updated since the final rule was published. In today's Federal Register, OSHA is publishing a direct final rule (DFR) replacing the references to the 11 older NFPA standards in OSHA's fire protection standard for shipyards with their most recent versions. If OSHA does not receive significant adverse comment on the DFR, the updated versions of the NFPA standards will replace their older versions in OSHA's fire protection standard for shipyards on the effective date stated in the DFR. If significant adverse comment on the updated versions is received, OSHA will withdraw the DFR and proceed with rulemaking on this proposed rule. However, if significant adverse comments are received regarding certain provisions included in the DFR, but not others, OSHA may finalize those changes that did not receive significant adverse comment, and conduct further rulemaking under the proposed rule for the changes that did receive significant adverse comment. A subsequent Federal Register document will be published to announce OSHA's action.
Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment.
On September 15, 2004, the Occupational Safety and Health Administration (OSHA) promulgated a new fire protection rule for shipyard employment that incorporated by reference 19 National Fire Protection Association (NFPA) standards. Ten of those NFPA standards had been updated by NFPA since the fire protection rule was proposed and an additional NFPA standard has been updated since the final rule was published. In this direct final rule, OSHA is replacing the references to those eleven NFPA standards by adding the most recent versions.
Standard on Ethylene Oxide (EtO); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in its Ethylene Oxide (EtO) Standard (29 CFR 1910.1047). The Standard protects employees from the adverse health effects that may result from occupational exposure to EtO, including carcinogenic, mutagenic, genotoxic, reproductive, neurologic, and sensitization hazards to employees.
SGS U.S. Testing Company, Inc.; Applications for Renewal and Expansion of Recognition
This notice announces the applications of SGS U.S. Testing Company, Inc., (SGSUS) for renewal and expansion of its recognition, and presents the Agency's preliminary finding in favor of granting these requests. This preliminary finding does not constitute an interim or temporary approval of these applications.
Southwest Research Institute; Application for Renewal and Expansion of Recognition
This notice announces the application of Southwest Research Institute (SWRI) for renewal and expansion of its recognition and presents the Agency's preliminary finding in favor of granting this request. This preliminary finding does not constitute an interim or temporary approval of this application.
Canadian Standards Association; Application for Expansion of Recognition
This notice announces the application of Canadian Standards Association (CSA) for expansion of its recognition, and presents the Agency's preliminary finding in favor of granting this request. This preliminary finding does not constitute an interim or temporary approval of this application.
Walking-Working Surfaces Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its request for an extension of the information collection requirements specified by its standard on Walking-Working Surfaces (29 CFR part 1910, subpart D).
Electrical Protective Equipment Standard and the Electric Power Generation, Transmission, and Distribution Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its request for an extension of the information collection requirements specified by its standards on Electrical Protective Equipment (29 CFR 1910.137) and Electric Power Generation, Transmission, and Distribution (29 CFR 1910.269).
Advisory Committee on Construction Safety and Health; Notice of Meeting
ACCSH will meet October 11-12, 2006, in Washington, DC. This meeting is open to the public. Time and Date: ACCSH will meet from 8 a.m. to 5 p.m., Wednesday and Thursday, October 11-12, 2006. Place: ACCSH will meet in Room N-3437 A/B/C of the Frances Perkins Building, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
Hazard Communication
OSHA, other Federal agencies, and stakeholder representatives have participated in long-term international negotiations to develop a Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS has been adopted by the United Nations, and there is an international goal for as many countries as possible to implement the GHS by 2008. The GHS includes harmonized provisions for classification of chemicals for their health, physical, and environmental effects, as well as for labels on containers and safety data sheets (SDS). Adoption of the GHS by OSHA would require modifications to the Agency's Hazard Communication Standard (HCS). For example, an order of information would be established for safety data sheets. In this notice, OSHA is providing further information about the GHS, the benefits of adopting it, and its potential impact on the HCS. OSHA is seeking input from the public on a number of issues related to implementation of the GHS. The Agency is simultaneously announcing the availability of a new guide on its Web site at https://www.osha.gov that describes the GHS.
Federal Advisory Council on Occupational Safety and Health; Notice of Meeting
The Federal Advisory Council on Occupational Safety and Health (FACOSH) was established to advise the Secretary of Labor on issues relating to the occupational safety and health of Federal employees. The purpose of this Federal Register notice is to announce the upcoming FACOSH meeting. The Agenda items for the meeting will include: 1. Call to Order. 2. Program Updates. a. GAO Audit. b. SHARE. c. Federal Recordkeeping. d. Federal Agency Training. e. Pandemic Flu Guidance for Federal Agencies. 3. New Business. 4. Adjournment.
Standard on 4,4′-Methylenedianiline (MDA) in General Industry; Extension of the Office of Management and Budget's Approval of Information Collection (Paperwork) Requirements
OSHA requests public comment concerning its proposed extension of the information collection requirements specified by the Standard on 4,4'-Methylenedianiline in General Industry (29 CFR 1910.1050). The standard protects employees from the adverse health effects that may result from occupational exposure to MDA, including cancer and liver disease.
Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting
The Maritime Advisory Committee for Occupational Safety and Health (MACOSH) was established to advise the Assistant Secretary of Labor for OSHA on issued relating to occupational safety and health in the maritime industries. The purpose of this Federal Register notice is to announce to MACOSH meeting scheduled for September 2006.
Assigned Protection Factors
In this final rule, OSHA is revising its existing Respiratory Protection Standard to add definitions and requirements for Assigned Protection Factors (APFs) and Maximum Use Concentrations (MUCs). The revisions also supersede the respirator selection provisions of existing substance-specific standards with these new APFs (except for the respirator selection provisions of the 1,3-Butadiene Standard). The Agency developed the final APFs after thoroughly reviewing the available literature, including chamber-simulation studies and workplace protection factor studies, comments submitted to the record, and hearing testimony. The final APFs provide employers with critical information to use when selecting respirators for employees exposed to atmospheric contaminants found in general industry, construction, shipyards, longshoring, and marine terminal workplaces. Proper respirator selection using APFs is an important component of an effective respiratory protection program. Accordingly, OSHA concludes that the final APFs are necessary to protect employees who must use respirators to protect them from airborne contaminants.
MET Laboratories, Inc., Application for Expansion of Recognition
This notice announces the application of MET Laboratories, Inc., for expansion of its recognition to use additional test standards, and presents the Agency's preliminary finding to grant this request for expansion. This preliminary finding does not constitute an interim or temporary approval of this application.
Wyle Laboratories, Inc.; Application for Renewal of Recognition
This notice announces the application of Wyle Laboratories, Inc. (WL) for renewal of its recognition and presents the Agency's preliminary finding to grant this request for renewal. This preliminary finding does not constitute an interim or temporary approval of the renewal application.
National Technical Systems, Inc.; Application for Renewal of Recognition
This notice announces the application of National Technical Systems, Inc., (NTS) for renewal of its recognition, and presents the Agency's preliminary finding to grant this request. This preliminary finding does not constitute an interim or temporary approval of the renewal application.
New York State Plan for Public Employees Only; Approval of Plan Supplements and Certification of Completion of Developmental Steps
The New York Department of Labor submitted timely documentation attesting to the completion of all structural and developmental aspects of its public employee (State and local government) only State plan as approved by the Occupational Safety and Health Administration (OSHA). After extensive review of the submissions and opportunity for correction, plan supplements constituting an updated and revised State plan were submitted. OSHA is approving the revised State plan, which documents the satisfactory completion of all structural and developmental aspects of New York's approved State plan, and certifying this completion. This certification attests to the fact that New York now has in place those structural components necessary for an effective public employee only program. (Enforcement of occupational safety and health standards with regard to private sector employers and employees in the State of New York remains the responsibility of the U.S. Department of Labor, Occupational Safety and Health Administration.)
Standard on 4,4′-Methylenedianiline in Construction; Extension of the Office of Management and Budget's Approval of Information Collection (Paperwork) Requirements
OSHA requests comment concerning its proposed extension of the information collection requirements specified by the Standard on 4,4'- Methylenedianiline (MDA) in Construction (29 CFR 1926.60). The Standard protects employees from the adverse health effects that may result from occupational exposure to MDA, including cancer, and liver and skin disease.
Maritime Advisory Committee on Safety and Health (MACOSH)
The Secretary of Labor has reestablished the charter of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH), which expired on April 1, 2005. The purpose of MACOSH is to obtain advice for the Assistance Secretary of Labor for Occupational Safety and Health (Assistant Secretary) from a broad range of representatives from the maritime industry on all matters relevant to the safety and health of employees in that sector. The Assistant Secretary will seek the advice of this committee on activities in the maritime industry related to the priorities set for the Agency, including: Strong, fair and effective enforcement; expanded compliance assistance, guidance and outreach; expanded partnerships and voluntary programs; leadership in the national dialogue on occupational safety and health; and regulatory matters affecting the maritime industry, as appropriate. The committee is diverse and balanced, both in terms of segments of the maritime industry represented (e.g., shipyard and longshoring industries), and in the views or interests represented by the members. The Maritime Advisory Committee for Occupational Safety and Health has been reestablished and chartered for a two year term.
Peer Review, Conflict of Interest and Disclosure Form; Request for the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment on the proposed Conflict of Interest and Disclosure Form (COI) form, which will be used to determine whether or not a conflict of interest exists for a potential peer review panel member.
Personal Protective Equipment (PPE) Standards for General Industry; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its request for an extension of the information collection requirements specified in its standards on PPE for General Industry.
TUV Rheinland of North America, Inc., Application for Expansion of Recognition
This notice announces the application of TUV Rheinland of North America, Inc., (TUV) for expansion of its recognition to use additional test standards, and presents the Agency's preliminary finding to grant this request for expansion. This preliminary finding does not constitute an interim or temporary approval of this application.
Roll-Over Protective Structures
On December 29, 2005, OSHA published a direct final rule in the Federal Register reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures (``ROPS'') used to protect employees who operate wheel-type tractors. OSHA received one comment to the direct final rule; this comment recommended a number of clarifications to the original ROPS standards published in the direct final rule. In the present notice, the Agency is making corrections and technical amendments to the ROPS standards in response to this comment, as a result of editorial errors found in the ROPS standards published in the direct final rule, and to improve consistency among the figures generated for these standards. The Agency finds that these corrections and technical amendments do not change the substantive requirements of the ROPS standards.
Information Regarding the Reclassification of Positions in the Occupational Safety and Health Administration as Reported in the Department of Labor's FY 2005 FAIR Act Inventory
Pursuant to the provisions of the Federal Activities Inventory Reform Act of 1998 (FAIR Act), and the Office of Management and Budget (OMB) Circular A-76, the Department of Labor must notify the public when it either concurs or disagrees with a challenge from directly affected employees. In this case, the challenge concerns the reclassification of a number of full time equivalent (FTE) Whistleblower Investigators, Supervisory Investigators, Program Managers, and Team Leaders in OSHA's National Office and field locations, to ``inherently governmental'' status from their prior classification as commercial in nature in the Department of Labor's FY 2005 FAIR Act Inventory for OSHA.
Occupational Exposure to Hexavalent Chromium; Approval of Information Collection Requirements
OSHA is announcing that the collection of information requirements contained in the Chromium (VI) standard (29 CFR parts 1910, 1915, 1917, 1918, and 1926) have been approved by OMB under the Paperwork Reduction Act of 1995. The OMB approval number is 1218-0252.
Susan Harwood Training Grant Program, FY 2006 Budget
The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) awards funds to nonprofit organizations to provide training and education programs for employers and workers about safety and health topics selected by OSHA. Nonprofit organizations, including community-based and faith-based organizations, that are not an agency of a State or local government, are eligible to apply. State or local government-supported institutions of higher education are eligible to apply in accordance with 29 CFR part 95. This notice announces grant availability for Susan Harwood Training Program grants. This notice contains all of the necessary information and forms needed to apply for grant funding.
Occupational Safety and Health of Contractor Employees at Certain Energy Department Sites; Jurisdiction and Enforcement Responsibilities; Clarification Regarding State Plans-Arizona, California, Iowa, Kentucky, Minnesota, Nevada, New Mexico, North Carolina, Oregon, South Carolina, Utah, Virginia, Washington, and Wyoming
This notice provides further clarification as to the jurisdiction and enforcement responsibilities of the Occupational Safety and Health Administration and 14 of its approved State Plans at various Department of Energy (DOE) sites which are not subject to the Atomic Energy Act (AEA). OSHA's regulations in 29 CFR 1952 are amended to reflect this jurisdiction, as appropriate.
Occupational Exposure to Hexavalent Chromium; Corrections
The Occupational Safety and Health Administration (OSHA) is correcting errors in the final rule addressing occupational exposure to hexavalent chromium that appeared in the Federal Register on February 28, 2006.
Agency Information Collection Activities; Announcement of Office of Management and Budget (OMB) Control Numbers Under the Paperwork Reduction Act
The Occupational Safety and Health Administration (OSHA) announces that OMB has extended its approval for a number of information collection requirements found in sections of 29 CFR pars 1910, 1915, 1917, 1918, 1926, and 1928. OSHA sought approval under the Paperwork Reduction Act of 1995 (PRA-95), and, as required by that Act, is announcing the approval number and expiration dates for those requirements.
Maritime Advisory Committee for Occupational Safety and Health (MACOSH); Notice of Re-Establishment
In accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C., App. 2), and after consultation with the General Services Administration (GSA), the Secretary of Labor has determined that the re-establishment of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) is in the public interest. The Committee will better enable OSHA to perform the duties imposed by the Occupational Safety and Health Act of 1970 (OSH Act), 84 Stat. 1590, 29 U.S.C. 651 et seq.) Authority to establish this Committee is found in sections 6(b) and 7(b) of the OSH Act; Section 41 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), and other general agency authority in Title 5 of the United States Code, and 29 CFR part 1912.
Personal Protective Equipment (PPE) Standards for Shipyard Employment; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its request for an extension of the information collection requirements specified by its standards on Personal Protective Equipment (PPE) for Shipyard Employment (29 CFR part 1915, subpart I).
Standard on Benzene; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in its Benzene Standard (29 CFR 1910.1028). The Standard protects employees from adverse health effects from occupational exposure to benzene.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; OSHA Data Initiative (1218-0209)
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA-95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Occupational Safety and Health Administration (OSHA) is soliciting comments concerning the proposed extension of the Information Collection Request (ICR) for the OSHA Data Initiative. A copy of the proposed ICR can be obtained by contacting the office listed below in the addresses section of this notice.
NSF International; Application for Expansion of Recognition
This notice announces the application of NSF International for expansion of its recognition to use additional test standards, and presents the Agency's preliminary finding to grant this request for expansion. This preliminary finding does not constitute an interim or temporary approval of this application.
Freedom of Information Act; Notice of Lawsuit
OSHA seeks information about potential objections to public release of sampling data.
Technical Amendments
The Department of Labor is conducting an ongoing review of its regulations to update non-substantive or nomenclature references in the Code of Federal Regulations (CFR). As part of this review, OSHA has identified safety and health rules needing correction or technical amendment. The revisions do not affect the substantive requirements or coverage of the standards involved, modify or revoke existing rights and obligations, or establish new rights and obligations. The revisions include updating references and removing obsolete effective dates and startup dates from existing Agency standards.
Reports of Injuries to Employees Operating Mechanical Power Presses; Extension of the Office of Management and Budget's (OMB) Approval of an Information Collection (Paperwork) Requirement
OSHA solicits public comment concerning its request for an extension of the information collection requirement specified in its provision on Reports of Injuries to Employees Operating Mechanical Power Presses (29 CFR 1910.217(g)). This provision is contained in this Agency's Standard on Mechanical Power Presses (29 CFR part 1910).\1\
Commonwealth Dynamics, Inc., Mid-Atlantic Boiler & Chimney, Inc.,1
This notice announces the grant of a permanent variance to Commonwealth Dynamics, Inc., Mid-Atlantic Boiler & Chimney, Inc., and R and P Industrial Chimney Co., Inc. (``the employers''). The permanent variance addresses the provision that regulates the tackle used for boatswains' chairs (29 CFR 1926.452 (o)(3)), as well as the provisions specified for personnel hoists by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. Instead of complying with these provisions, the employers must comply with a number of alternative conditions listed in this grant; these alternative conditions regulate rope-guided personnel-hoisting systems used during inside or outside chimney construction to raise or lower employees in personnel cages, personnel platforms, and boatswains' chairs between the bottom landing of a chimney and an elevated work location. Accordingly, OSHA finds that these alternative conditions protect employees at least as well as the requirements specified by 29 CFR 1926.452(o)(3) and 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16).
Roll-Over Protective Structures
OSHA is confirming the effective date of its direct final rule reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures used to protect employees who operate wheel-type tractors. The direct final rule stated that it would become effective on February 27, 2006 unless significant adverse comment was received by January 30, 2006. OSHA received only one comment on the direct final rule, which it has determined is not a significant adverse comment.
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