Occupational Safety and Health Administration – Federal Register Recent Federal Regulation Documents
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Updating OSHA Standards Based on National Consensus Standards
In this direct final rule, the Agency is removing several references to consensus standards that have requirements that duplicate, or are comparable to, other OSHA rules; this action includes correcting a paragraph citation in one of these OSHA rules. The Agency also is removing a reference to American Welding Society standard A3.0- 1969 (``Terms and Definitions'') in its general-industry welding standards. This rulemaking is a continuation of OSHA's ongoing effort to update references to consensus and industry standards used throughout its rules.
Federal Advisory Council on Occupational Safety and Health
The Assistant Secretary of Labor for Occupational Safety and Health invites interested parties to submit nominations for membership on the Federal Advisory Council on Occupational Safety and Health (FACOSH).
Confined Spaces in Construction
OSHA is proposing a rule to protect employees from the hazards resulting from exposure to confined spaces in the construction industry. Under the proposed rule, employers would first determine whether there is a confined space at a job site. If there is a confined space, the employer would determine if there are existing or potential hazards in the space. If there are such hazards, the employer then would classify the space according to the physical and atmospheric hazards found in it. The four classifications are: Isolated-Hazard Confined Space, Controlled-Atmosphere Confined Space, Permit-Required Confined Space, and Continuous System-Permit-Required Confined Space. The proposed requirements for each type of confined space are tailored to control the different types of hazards.
National Advisory Committee on Occupational Safety and Health (NACOSH); Announcement of Meeting
The National Advisory Committee on Occupational Safety and Health (NACOSH) will meet December 12, 2007, in Washington, DC.
Standard on Fire Brigades; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Fire Brigades (29 CFR 1910.156).
Federal Advisory Council on Occupational Safety and Health (FACOSH)
On September 28, 2007, the Secretary of Labor appointed six new members to the Federal Advisory Council on Occupational Safety and Health (FACOSH).
Employer Payment for Personal Protective Equipment
Many Occupational Safety and Health Administration (OSHA) health, safety, maritime, and construction standards require employers to provide their employees with protective equipment, including personal protective equipment (PPE), when such equipment is necessary to protect employees from job-related injuries, illnesses, and fatalities. These requirements address PPE of many kinds: hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, faceshields, chemical protective equipment, fall protection equipment, and so forth. The provisions in OSHA standards that require PPE generally state that the employer is to provide such PPE. However, some of these provisions do not specify that the employer is to provide such PPE at no cost to the employee. In this rulemaking, OSHA is requiring employers to pay for the PPE provided, with exceptions for specific items. The rule does not require employers to provide PPE where none has been required before. Instead, the rule merely stipulates that the employer must pay for required PPE, except in the limited cases specified in the standard.
Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting
The Maritime Advisory Committee for Occupational Safety and Health (``MACOSH'' or ``Committee'') was established to advise the Assistant Secretary of Labor for OSHA on issues relating to occupational safety and health in the maritime industries. The purpose of this Federal Register notice is to announce the MACOSH and workgroup meetings scheduled for November 27-28, 2007.
Standard on the Control of Hazardous Energy (Lockout/Tagout); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on the Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147).
OSHA-7 Form (“Notice of Alleged Safety and Health Hazards”); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on the OSHA-7 Form.
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Recording and Reporting Occupational Injuries and Illnesses
OSHA solicits public comment concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in 29 CFR part 1904, Recording and Reporting Occupational Injuries and Illnesses.
Standard on Powered Platforms for Building Maintenance; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Powered Platforms for Building Maintenance (29 CFR 1910.66).
Notice of Availability of the Regulatory Flexibility Act Review of the Occupational Safety Standard for Lead in Construction
The Occupational Safety and Health Administration (OSHA) has completed a review of its Lead in Construction Standard pursuant to section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866 on Regulatory Planning and Review. OSHA issued its Lead in Construction Standard in 1993 pursuant to a statutory directive to protect construction workers from lead related diseases such as neurological and kidney disease and negative cardiovascular effects. The review found that the standard has reduced blood lead levels in construction workers thereby reducing lead-related disease. It also found that the standard has not had a negative economic impact on business, including small businesses in virtually all sectors affected, is not overly complex and does not conflict with other regulations. OSHA concludes it is necessary to retain the standard but will consider improving outreach materials and increasing their dissemination, and will consult with HUD and EPA about developing a unified training curriculum and further integrate initial assessment interpretations to reduce cost and simplify requirements for small businesses.
Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl: Announcement of Stakeholder Meeting
The Occupational Safety and Health Administration (OSHA) invites interested parties to participate in or observe an informal stakeholder meeting on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl. This meeting is a continuation of OSHA's information collection efforts on Diacetyl and Food Flavorings Containing Diacetyl.
Federal Advisory Council on Occupational Safety and Health (FACOSH): Announcement of Meeting
The Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet October 11, 2007, in Washington, DC.
Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comment concerning its proposal to extend OMB approval of the information collection requirements for handling of discrimination complaints under Federal Employee Protection Statutes contained in regulations at: 29 CFR Part 24, Procedures for the Handling of Discrimination Complaints under Federal Employee Protection Statutes; 29 CFR Part 1979, Procedures for Handling Discrimination Complaints Under 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; and 29 CFR Part 1981 Procedures for the Handling of Discrimination Complaints under Section 6 of the Pipeline Safety and Improvement Act of 2002 (i.e., These Regulations). These regulations set forth procedures employees must use to file a complaint with OSHA alleging that their employer violated a Federal statute that prohibits retaliation against employees who engage in activities protected by the various employee protection statutes.
Gear Certification Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Gear Certification Standard (29 CFR part 1919).
Emergency Response and Preparedness
Elements of emergency responder health and safety are currently regulated by OSHA primarily under the following standards: The Hazardous Waste Operations and Emergency Response Standard; the personal protective equipment general requirements standard; the respiratory protection standard; the permit-required confined space standard; the fire brigade standard; and the bloodborne pathogens standard. Some of these standards were promulgated decades ago, and none was designed as a comprehensive emergency response standard. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, nor do they reflect major changes in performance specifications for protective clothing and equipment. Current OSHA standards also do not reflect all the major improvements in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards. OSHA is requesting information and comment from the public to evaluate what action, if any, the Agency should take to further address emergency response and preparedness. The Agency will be considering emergency response and preparedness at common emergencies (e.g., fires or emergency medical and other rescue situations), as well as large scale emergencies (e.g., natural and intentional disasters). OSHA's areas of interest are primarily: personal protective equipment; training and qualifications; medical evaluation and health monitoring; and safety management. The agency will also be evaluating the types of personnel who would constitute either emergency responders or skilled support employees at such events, as well as the range of activities that might constitute emergency response and preparedness.
Request for Comments on Ergonomics for the Prevention of Musculoskeletal Disorders: Guidelines for Shipyards
The Department of Labor is inviting comments on its draft document entitled ``Ergonomics for the Prevention of Musculoskeletal Disorders: Guidelines for Shipyards.'' The draft guidelines are available on OSHA's web page and through its publications office. Interested persons may submit written or electronic comments on the draft guidelines. The Agency may also hold a stakeholder meeting where the public is invited to express its views on the draft guidelines.
Standard on Manlifts; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Manlifts (29 CFR 1910.68(e)).
Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment; Notice of Informal Public Hearing
This notice schedules an informal public hearing on OSHA's proposed rule updating its personal protective equipment (PPE) design standards, which was published on May 17, 2007. It also establishes a date to file notices of intention to appear at the informal public hearing and sets requirements for submitting hearing testimony and documentary evidence in advance of the hearing.
Logging Operations; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Logging Operations (29 CFR 1910.266).
Storage and Handling of Anhydrous Ammonia Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on the Storage and Handling of Anhydrous Ammonia (29 CFR 1910.111). Paragraphs (b)(3) and (b)(4) of the Standard have paperwork requirements that apply to nonrefrigerated containers and systems, and refrigerated containers, respectively; employers use these containers and systems to store and transfer anhydrous ammonia in the workplace.
Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of Six Federal Environmental Statutes and Section 211 of the Energy Reorganization Act of 1974, as Amended
The Department of Labor amends the regulations governing the employee protection (``whistleblower'') provisions of Section 211 of the Energy Reorganization Act of 1974, as amended (``ERA''), to implement the statutory changes enacted into law on August 8, 2005, as part of the Energy Policy Act of 2005. The regulations also make the procedures for handling retaliation complaints under Section 211 of the ERA and the environmental whistleblower statutes listed in Part 24 as consistent as possible with the more recently promulgated procedures for handling retaliation complaints under other employee protection provisions administered by the Occupational Safety and Health Administration (``OSHA''), see 29 CFR parts 1979-1981.
Cranes and Derricks in Construction; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Construction Standard on Cranes and Derricks (29 CFR 1926.550). The Standard is designed to protect employees who work with, or in the vicinity of, cranes or derricks.
Ionizing Radiation Standard; 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 specified in the Ionizing Radiation Standard (29 CFR 1910.1096). The information collection requirements contained in the Ionizing Radiation Standard protects employees from the adverse health effects that may result from occupational exposure to ionizing radiation, including tissue damage and cancer.
Bloodborne Pathogens Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Bloodborne Pathogens Standard (29 CFR 1910.1030). The information collection requirements specified in the Bloodborne Pathogens Standard provides employers and employees with means to provide protection from adverse health effects associated with occupational exposure to bloodborne pathogens.
Concrete and Masonry Construction; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comments concerning its proposal to extend OMB approval of the Information Collection requirements contained in the Standard on Concrete and Masonry Construction (29 CFR part 1926, subpart Q). This Subpart protects employees who construct, erect, brace, maintain, remove, or perform similar tasks on concrete or masonry structures.
Electrical Standard; Approval of Information Collection Requirements
OSHA is announcing that the collection of information requirements contained in the Design Safety Standards for Electrical Systems of 29 CFR Part 1910.302 through 1910.308 and 1910.399, Subpart S, have been approved by OMB under the Paperwork Reduction Act of 1995. The OMB approval number is 1218-0256.
Fire Protection in Shipyard Employment Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Fire Protection in Shipyard Employment Standard (29 CFR 1915.501- 1915.509).
Welding, Cutting and Brazing Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comments concerning its proposal to extend OMB approval of the Information Collection requirement contained in the Welding, Cutting and Brazing Standard (29 CFR 1910.255(e)). The information collected is used by employers and employees whenever welding, cutting and brazing are performed. The purpose of the information is to ensure that employers evaluate hazards associated with welding and ensure that adequate measures are taken to make the process safe.
OSHA Training Institute Education Center; Notice of Competition and Request for Applications
The Occupational Safety and Health Administration (OSHA) conducts short-term technical training in occupational safety and health topics through the OSHA Training Institute in Arlington Heights, Illinois. The number of requests for training from private sector personnel and federal personnel from agencies other than OSHA increased beyond the capacity of the OSHA Training Institute to meet the demand. In October 1992, OSHA began the program of using other training and educational institutions to conduct select OSHA Training Institute courses for private sector personnel and for federal personnel from agencies other than OSHA. Additional information regarding the OTI Education Center Program background, including a complete list of current organizations and course offerings, can be found on the OSHA Web site at: https://www.osha.gov/fso/ote/training/edcenters/. This notice announces the opportunity for interested nonprofit organizations to submit applications to become an OSHA Training Institute Education Center. Applications will be rated on a competitive basis. Complete application instructions are contained in this notice. This notice also contains information on a proposal conference designed to provide potential applicants with information about the OSHA Training Institute Education Center Program.
Explosives
On April 13, 2007, the U.S. Department of Labor published a proposed rule entitled Explosives with a comment period that ended 7/ 12/2007. On July 9, 2007, the comment period was extended to 9/10/2007. At this time the U.S. Department of Labor is closing the comment period effective July 17, 2007. The Department intends to re-propose the Explosives NPRM at a later date in order to clarify the intent of the rulemaking.
Maritime Advisory Committee for Occupational Safety and Health; Notice of Meeting
The Maritime Advisory Committee for Occupational Safety and Health (``MACOSH'' or ``Committee'') was established to advise the Assistant Secretary of Labor for OSHA on issues relating to occupational safety and health in the maritime industries. The purpose of this Federal Register notice is to announce the MACOSH and workgroup meetings scheduled for July 31 through August 1, 2007.
Regulatory Flexibility Act Review of the Methylene Chloride Standard
The Occupational Safety and Health Administration (OSHA) is conducting a review of its Methylene Chloride Standard under Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866 on Regulatory Planning and Review. In 1997, OSHA promulgated the Standard to protect workers from occupational exposure to methylene chloride. The purpose of this review is to determine whether there are ways to modify this Standard to reduce regulatory burden on small business and to improve its effectiveness. Written comments on these and other relevant issues are welcomed.
Explosives; Extension of Comment Period
OSHA is extending the comment period for its proposed standard on Explosives for an additional sixty (60) days until September 10, 2007.
MET Laboratories, Inc.; Application for Expansion of Recognition
This notice announces the application of MET Laboratories, Inc., (MET) 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.
Portable Fire Extinguishers (Annual Maintenance Certification Record); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Portable Fire Extinguishers (Annual Maintenance Certification Record) (29 CFR 1910.157(e)(3)). Paragraph (e)(3) of the Standard requires employers to: Inspect portable fire extinguishers annually for normal operation; record the maintenance date; retain the maintenance record for one year after the last entry or for the life of the shell, whichever is less; and make the record available to an OSHA compliance officer upon request. The annual maintenance inspection ensures that portable fire extinguishers are in safe operating condition in case of a fire, while the maintenance record provides evidence to employees and Agency compliance officers that employers performed the required inspections.
Material Hoists, Personnel Hoists, and Elevators; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Material Hoists, Personnel Hoists, and Elevators Standard (29 CFR 1926.552). The Standard is designed to protect employees who operate and work around personnel hoists.
Construction Records for Rigging Equipment; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements contained in paragraphs (b)(1), (b)(6)(i), (b)(6)(ii), (c)(15)(ii), (e)(1)(i), (ii), and (iii) and (f)(2) of the Rigging Equipment for Construction Standard (29 CFR 1926.251). These paragraphs require affixing identification tags or markings on rigging equipment, developing and maintaining inspection records, and retaining proof-testing certificates.
The Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers (29 CFR 1910.157(f)(16)). The hydrostatic testing provision requires employers to certify that portable fire extinguishers have been hydrostatically tested as prescribed by the Standard by preparing a certification record upon completion of the test. The record must be maintained on file and made available to OSHA compliance staff.
Grantee Quarterly Progress Report; 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 the Grantee Quarterly Progress Report required by Section 21 of the Occupational Safety and Health Act of 1970 (the ``OSH Act'') (29 U.S.C. 670).
Interpretation of OSHA's Standard for Process Safety Management of Highly Hazardous Chemicals
This Notice constitutes the Occupational Safety and Health Administration's official interpretation and explanation of the phrase ``on site in one location'' in the ``Application'' section of OSHA's Process Safety Management of Highly Hazardous Chemicals standard. (``PSM'').
Power Presses
Mechanical power press safety is regulated under OSHA's mechanical power presses standard. OSHA adopted the standard in 1971, basing it upon the 1971 edition of American National Standards Institute (ANSI) B11.1, the industry consensus standard for mechanical power presses. This ANSI standard has been updated a number of times since OSHA adopted the 1971 version. The most recent edition was issued in 2001. Hydraulic and pneumatic power presses are not covered by OSHA's current standard. The original standard also did not address the use of presence-sensing-device initiation (PSDI) systems. When a press is equipped with PSDI, the press cycle will not initiate until the PSDI system senses that the danger zone is clear. OSHA updated the mechanical power presses standard on March 14, 1988, (53 FR 8353), to permit the use of PSDI systems. However, it requires an OSHA-approved third party to validate the PSDI system at installation and annually thereafter. Since the adoption of this provision, no third party has sought OSHA's approval. Consequently, PSDI systems are not being used with mechanical power presses. OSHA is seeking comments on whether and how the mechanical power presses standard should be amended, including whether the requirements pertaining to the use of PSDI systems should be revised and whether the scope of the standard should be expanded to cover other types of presses.
Overhead and Gantry Cranes; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Overhead and Gantry Cranes (29 CFR 1910.179).
Student Data Form; 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 the Student Data Form.
Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment
OSHA is proposing to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards regarding the use of eye and face protective devices, head protection, and foot protection. OSHA is proposing to replace the existing references to specific consensus standards with performance language requiring PPE to be constructed in accordance with good design standards. The proposed revision includes guidance for determining what is a good design standard. In addition, OSHA is proposing to add non-mandatory appendices that list standards that constitute good design standards as used in the requirement. OSHA is also proposing to delete a paragraph in its ventilation standard that requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard, and another paragraph in in its welding, cutting and brazing standard that requires filter lenses and plates in eye protective equipment to meet a test for transmission of radiant energy prescribed in another specific ANSI standard. In proposing to delete these paragraphs, OSHA intends for this safety equipment to comply with the applicable PPE design provisions in Subpart I of the general industry standards. These proposed revisions are a continuation of OSHA's effort to update or remove references to specific consensus and industry standards located throughout the Agency's standards.
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