Occupational Safety and Health Administration 2008 – Federal Register Recent Federal Regulation Documents

The Occupational Safety and Health Administration (OSHA) published a document in the Federal Register on December 8, 2008, soliciting public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in OSHA's Standards on Longshoring (29 CFR part 1918) and Marine Terminal Operations (29 CFR part 1917). The document contains an incorrect OMB Control Number.

In this rulemaking, OSHA is amending its standards to add language clarifying that the personal protective equipment (PPE) and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis. The amendments consist of new paragraphs added to the introductory sections of the listed Parts and changes to the language of some existing respirator and training requirements. This action, which is in accord with OSHA's longstanding position, is being taken in response to recent decisions of the Occupational Safety and Health Review Commission indicating that differences in wording among the various PPE and training provisions in OSHA safety and health standards affect the Agency's ability to treat an employer's failure to provide PPE or training to each covered employee as a separate violation. The amendments add no new compliance obligations. Employers are not required to provide any new type of PPE or training, to provide PPE or training to any employee not already covered by the existing requirements, or to provide PPE or training in a different manner than that already required. The amendments simply clarify that the standards apply to each employee.

With this notice, the Occupational Safety and Health Administration (``OSHA'' or ``the Agency'') is making technical amendments to existing permanent variances, and revoking several others. The technical amendments involve renaming the employers identified on eight of the variances, and also revising the worksites covered by one of these variances. In addition, the Agency is revoking six variances based on evidence that the employers no longer need the variances.

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Blasting and the Use of Explosives (29 CFR part 1926, subpart U).

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Cadmium in Construction Standard (29 CFR 1926.1127).

ACCSH Work Groups will meet December 2-3, 2008, and ACCSH will meet December 4-5, 2008, in Washington, DC.

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Standard on Permit-Required Confined Spaces (29 CFR 1910.146). The purpose of the information is to ensure that employers systematically evaluate the dangers in permit spaces before entry is attempted, and to ensure that adequate measures are taken to make the spaces safe for entry.

The Occupational Safety and Health Administration (OSHA) published a final rule revising its electrical installation standard for general industry on February 14, 2007. This notice clarifies the scope of one provision in the final standard and addresses some questions raised by stakeholders on the application of the provision. This also corrects two typographical errors located elsewhere in the final rule.

On June 15, 2005, OSHA published a proposed rule to revise the general industry and construction standards for electric power generation, transmission, and distribution work and for electrical protective equipment. Public comments were received, a hearing was held, and the final posthearing briefs were due on July 14, 2006. The proposed general industry and construction standards for electric power generation, transmission, and distribution work included revised minimum approach distance tables. Those tables limit how close an employee (or a conductive object he or she is contacting) may get to an energized circuit part. After the rulemaking record on the proposal closed, the technical committee responsible for developing the tables in the consensus standards on which the proposal was based discovered what in their view was an error in their calculation of minimum approach distances for certain voltages. OSHA is reopening the record on this proposal to obtain comments related to the affected minimum approach distances. The record will remain open on this limited basis for 30 days.

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Asbestos in Construction Standard (29 CFR 1926.1101).

The Secretary of Labor has renewed the charter of the National Advisory Committee on Occupational Safety and Health (NACOSH) for two years.

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the 1,2-Dibromo-3- Chloropropane (DBCP) Standard (29 CFR 1910.1044).

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Standard on Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). The purpose of the requirement is to reduce employees' risk of death or serious injury by ensuring that aerial lifts are in safe operating condition.

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Inorganic Arsenic Standard (29 CFR 1910.1018).

In accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C., App. 2), and after consultation with the General Services Administration, the Secretary of Labor has determined that the charter renewal of the Maritime Advisory Committee for Occupational Safety and Health (``Committee'') 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''), 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), other general agency authority in Title 5 of the United States Code, and 29 CFR part 1912.

OSHA is convening an informal public hearing to receive testimony and documentary evidence on the proposed rule for Clarification of Remedy for Violation of Requirements to Provide Personal Protective Equipment and Train Employees.

This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of Intertek Testing Services NA, Inc., (ITSNA) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

This notice announces the application of NSF International (NSF) for expansion 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 this application.

In accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C., App. 2), and its implementing regulations (41 CFR 102-3, Federal Advisory Committee Management), the Secretary of Labor has determined that the renewal of the Charter for the Advisory Committee on Construction Safety and Health (ACCSH) is necessary and in the public interest. Accordingly, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) has renewed the ACCSH Charter with several minor revisions. The revisions relate to procedural matters which do not substantively affect the objectives or activities of the ACCSH Committee. The ACCSH Charter will expire on May 6, 2010.

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Servicing Multi-Piece and Single Piece Rim Wheels (29 CFR 1910.177). The paperwork provisions of the Standard include a requirement that the manufacturer or a Registered Professional Engineer certify that repaired restraining devices and barriers meet the strength requirements specified in the Standard, and a requirement that defective wheels and wheel components be marked or tagged.

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the Cotton Dust Standard (29 CFR 1910.1043).

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Vinyl Chloride (29 CFR 1910.1017).

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the Acrylonitrile Standard (29 CFR 1910.1045).

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Consultation Agreements (hereinafter, the On-site Consultation Program regulations) (29 CFR part 1908). The Consultation Program regulations specify services to be provided, and practices and procedures to be followed by the State On-site Consultation Programs. Information collection requirements set forth in the On-site Consultation Program regulations are in two categories: State Responsibilities and Employer Responsibilities. Eight regulatory provisions require information collection activities by the State. The Federal government provides 90 percent of funds for on-site consultation services delivered by the States, which result in the collection of information. Four requirements apply to employers and specify conditions for receiving the free on-site consultation services.

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Slings (29 CFR 1910.184). The collection of information (paperwork) provisions of the Standard specify affixing identification tags or markings on slings, developing and maintaining inspection records, and retaining proof testing certificates.