Occupational Safety and Health Administration October 2010 – Federal Register Recent Federal Regulation Documents

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements for handling of retaliation complaints filed under various whistleblower protection statutes contained in regulations at: 29 CFR part 24, Procedures for the Handling of Retaliation Complaints under Federal Employee Protection Statutes; 29 CFR part 1977, Discrimination Against Employees Exercising Rights under the Williams-Steiger Occupational Safety and Health Act; 29 CFR part 1978, Procedures for the Handling of Retaliation Complaints under the Employee Protection Provision of the Surface Transportation Assistance Act of 1982; 29 CFR part 1979, Procedures for Handling Discrimination Complaints Under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; 29 CFR part 1980, Procedures for Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act 2002; 29 CFR part 1981, Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety and Improvement Act of 2002; 29 CFR part 1982, Procedures for the Handling of Retaliation Complaints Under the National Transit Systems Security Act of 2007, Enacted as Section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007, and the Federal Railroad Safety Act, as Amended by Section 1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007; and 29 CFR part 1983, Procedures for the Handling of Retaliation Complaints Under Section 219 of the Consumer Product Safety Improvement Act of 2008. These regulations set forth procedures employees must use to file a complaint with OSHA alleging that their employer violated a whistleblower protection provision contained in certain statutes that prohibit retaliatory action by employers against employees who engage in activities protected by the statutes.

This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of the Canadian Standards Association as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.

This document constitutes OSHA's official interpretation of the term feasible administrative or engineering controls as used in the applicable sections of OSHA's General Industry and Construction Occupational Noise Exposure standards. Under the standard, employers must use administrative or engineering controls rather than personal protective equipment (PPE) to reduce noise exposures that are above acceptable levels when such controls are feasible. OSHA proposes to clarify that feasible as used in the standard has its ordinary meaning of capable of being done. The Agency intends to revise its current enforcement policy to reflect this interpretation. The Agency solicits comments from interested parties on this interpretation.

The Secretary of Labor has reestablished the Charter of the Advisory Committee on Construction Safety and Health (ACCSH) for two years.

The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet October 21, 2010, in Washington, DC. FACOSH is comprised of 16 members; eight representing federal agency management and eight from labor organizations representing federal employees. On July 1, 2010, the Secretary appointed eight persons to FACOSH. This Federal Register notice also announces these appointments.