standards and guidance update jim maddux osha directorate of standards and guidance dallas fort...
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Standards and Guidance Standards and Guidance UpdateUpdate
Jim MadduxJim MadduxOSHA Directorate of OSHA Directorate of
Standards and GuidanceStandards and Guidance
Dallas Fort WorthDallas Fort WorthAIHA/ASSE SeminarAIHA/ASSE Seminar
September 15, 2009September 15, 2009
Standards and Guidance UpdateStandards and Guidance Update
OSHA’s regulatory processOSHA’s regulatory process
Regulatory activitiesRegulatory activities
Guidance workGuidance work
Answer questionsAnswer questions
THE REGULATORY
PROCESS
THE REGULATORY
PROCESS
Preliminary Rulemaking Activities
Development of the Proposed Rule
Publication of the Proposed Rule
Analysis of the Rulemaking Record
Development of the Final Rule
Publication of the Final Rule
Public
Comment
Implementation
Site visits
Stakeholder meetings
RFI or ANPR
Public InvolvementPublic Involvement
The public is invited to comment on The public is invited to comment on rules, often several timesrules, often several times• Stakeholder meetings (pre-proposal)Stakeholder meetings (pre-proposal)• Advance Notice of Proposed Rulemaking Advance Notice of Proposed Rulemaking
(ANPR) or Request for Information (RFI)(ANPR) or Request for Information (RFI)• Written comment following publication Written comment following publication
of proposal (mandatory)of proposal (mandatory)• Hearings (if requested)Hearings (if requested)• Post hearing comments and briefsPost hearing comments and briefs
Legal Requirements for Legal Requirements for RulemakingRulemaking
OSH ActOSH Act Administrative Procedures ActAdministrative Procedures Act Regulatory Flexibility ActRegulatory Flexibility Act Paperwork Reduction Act (PRA)Paperwork Reduction Act (PRA) Small Business Regulatory Enforcement Small Business Regulatory Enforcement
Fairness Act (SBREFA)Fairness Act (SBREFA) National Environmental Policy Act (NEPA)National Environmental Policy Act (NEPA) Unfunded Mandates Reform Act (UMRA)Unfunded Mandates Reform Act (UMRA) Congressional Review ActCongressional Review Act Information Quality ActInformation Quality Act
Analytical RequirementsAnalytical Requirements
Significant risk determinationSignificant risk determination Technological feasibilityTechnological feasibility Economic feasibility/cost effectivenessEconomic feasibility/cost effectiveness Information collection requirements under Information collection requirements under
the Paperwork Reduction Actthe Paperwork Reduction Act Where there is impact on significant number Where there is impact on significant number
of small businesses, Small Business of small businesses, Small Business Regulatory Enforcement Fairness Act Regulatory Enforcement Fairness Act (SBREFA) panel(SBREFA) panel
Peer review requirementsPeer review requirements
Regulatory Review ProcessRegulatory Review Process The rule is written by a rulemaking team (at The rule is written by a rulemaking team (at
least one person each from DSG, DEA, SOL)least one person each from DSG, DEA, SOL)
The rule is then reviewed by:The rule is then reviewed by:• DSG managementDSG management• DEA managementDEA management• OSH Solicitor managementOSH Solicitor management• OSHA Assistant SecretaryOSHA Assistant Secretary• DOL SolicitorDOL Solicitor• DOL senior leadershipDOL senior leadership• OMBOMB• Federal RegisterFederal Register
Semiannual Regulatory AgendaSemiannual Regulatory Agenda
Provides each agency’s plans for Provides each agency’s plans for regulatory activities over the next yearregulatory activities over the next year
Current agenda was published on Current agenda was published on 4/24/20064/24/2006
The new agenda will be published in The new agenda will be published in October 2006October 2006
Can be accessed through OSHA’s web Can be accessed through OSHA’s web page or on the web page for the Federal page or on the web page for the Federal Register (Register (www.gpoaccess.gov/frwww.gpoaccess.gov/fr) under ) under “Unified Agenda”“Unified Agenda”
Recent Standards ActivitiesRecent Standards Activities
Final rule, longshoring & marine terminals- Final rule, longshoring & marine terminals- vertical tandem lifts (December 2008)vertical tandem lifts (December 2008)
Final rule, clarification on training and PPE Final rule, clarification on training and PPE for each employee (December 2008)for each employee (December 2008)
Final rule, welding definitions consensus Final rule, welding definitions consensus standards (March 2008)standards (March 2008)
Recent Standards ActivitiesRecent Standards Activities
Final action, BitrexFinal action, Bitrex®® respirator fit testing respirator fit testing (June 2009)(June 2009)
Direct final rule, acetylene consensus Direct final rule, acetylene consensus standards (August 2009)standards (August 2009)
Final rule, PPE consensus standards Final rule, PPE consensus standards (August 2008)(August 2008)
Recent Standards ActivitiesRecent Standards Activities
Withdrawal of the ANPRM for diacetylWithdrawal of the ANPRM for diacetyl
Initiate diacetyl SBREFA panelInitiate diacetyl SBREFA panel
Add combustible dust to the Regulatory Add combustible dust to the Regulatory AgendaAgenda
Initiate peer review of crystalline silica Initiate peer review of crystalline silica health effects and risk assessmenthealth effects and risk assessment
Regulatory Agenda ProjectsRegulatory Agenda Projects
Health StandardsHealth Standards
Hazard communications (GHS) Hazard communications (GHS) Diacetyl Diacetyl Beryllium Beryllium SilicaSilica Hexavalent chromium remandHexavalent chromium remand Portacount respirator fit testing methodPortacount respirator fit testing method
Globally Harmonized System of Globally Harmonized System of Classification and Labeling of Chemical - Classification and Labeling of Chemical -
GHSGHS
A common, coherent approach to A common, coherent approach to classifying and communicating classifying and communicating chemical hazardschemical hazards
Includes:Includes: Harmonized definitions of hazards Harmonized definitions of hazards Specific criteria for labels Specific criteria for labels Harmonized format for safety data Harmonized format for safety data
sheetssheets GHS is GHS is notnot a proposed standard a proposed standard
How does the GHS advance How does the GHS advance safety and health? safety and health?
The goal: All domestic and international systemsThe goal: All domestic and international systems– Using the same definitions of hazard for the Using the same definitions of hazard for the
same chemicalsame chemical– Providing the same basic information on labelsProviding the same basic information on labels– Providing the same SDS formatProviding the same SDS format
Protection/Health & SafetyProtection/Health & Safety– Reduce confusion/Increase comprehension of Reduce confusion/Increase comprehension of
hazardshazards– Better downstream risk managementBetter downstream risk management– Facilitates trainingFacilitates training– Helps address literacy problems Helps address literacy problems
Proposed Modifications to the HCSProposed Modifications to the HCS
Performance-oriented to specification Performance-oriented to specification standard standard Hazard Classifications (not specifically relevant Hazard Classifications (not specifically relevant
to construction) to construction) Labels and Safety Data Sheet formatLabels and Safety Data Sheet format
Scope and Application will not changeScope and Application will not change All current exemptions will applyAll current exemptions will apply No testing required No testing required
Implementation Implementation Revised provisions – 3 yearsRevised provisions – 3 years Training – 2 yearsTraining – 2 years
Proposed Modifications to the HCSProposed Modifications to the HCS
16 Physical Hazard 16 Physical Hazard ClassificationsClassifications
Appendix BAppendix B
10 Health Hazard 10 Health Hazard ClassificationsClassifications
Appendix AAppendix A
Designation of Categories of Hazard Designation of Categories of Hazard
Determines Label ElementsDetermines Label Elements
Pictogram – Hazard Statement – Signal WordPictogram – Hazard Statement – Signal Word
Precautionary StatementsPrecautionary Statements
Modifications to LabelsModifications to Labels
Sample Hazard StatementsSample Hazard Statements
Fatal if in contact with skinFatal if in contact with skin Extremely flammable aerosolExtremely flammable aerosol May cause cancerMay cause cancer
Two Signal Two Signal WordsWords DangerDanger WarningWarning
!
LabelingLabeling
SDS FormatSDS Format
16 Section Format 16 Section Format Modeled after ANSI Modeled after ANSI
OSHA is proposing:OSHA is proposing: Sections 1 -11 and section 16 would be Sections 1 -11 and section 16 would be
mandatorymandatory Sections 12 -15 would be non-Sections 12 -15 would be non-
mandatory mandatory
Other OSHA StandardsOther OSHA Standards
• All substance specific standards will contain a All substance specific standards will contain a generic hazard communication statement:generic hazard communication statement:
The employer shall include cadmium in the workplace The employer shall include cadmium in the workplace hazard communication program established to hazard communication program established to comply with the Hazard Communication Standard comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200). The employer shall (HCS) (29 CFR 1910.1200). The employer shall ensure that employees have access to labels on ensure that employees have access to labels on containers of cadmium and safety data sheets, and containers of cadmium and safety data sheets, and are trained in accordance with the provisions of 29 are trained in accordance with the provisions of 29 CFR 1910.1200 and paragraph (m)(4) below. The CFR 1910.1200 and paragraph (m)(4) below. The employer shall provide information on at least the employer shall provide information on at least the following hazards: Cancer, lung and kidney effects, following hazards: Cancer, lung and kidney effects, and acute toxicity effectsand acute toxicity effects
Other OSHA StandardsOther OSHA Standards
1926.152 Flammable and 1926.152 Flammable and Combustible LiquidsCombustible Liquids• Harmonizing the definitions of flammable liquids Harmonizing the definitions of flammable liquids
with GHS definitions with GHS definitions • Removing the term combustible liquidRemoving the term combustible liquid• Maintaining scope by combining flashpoint cutoffs Maintaining scope by combining flashpoint cutoffs
with the GHS categorieswith the GHS categories
Tanks and pressure vessels storing Class IB and IC liquids ….
Tanks and pressure vessels storing category 2 or 3 flammable liquids with a flashpoint below 100 deg F. (37.8 deg. C) ….
Silica Rulemaking Update –Silica Rulemaking Update –Current ActivitiesCurrent Activities
Developing Notice of Proposed Developing Notice of Proposed Rulemaking (NPRM)Rulemaking (NPRM)
Conducting peer review of health Conducting peer review of health effects analysis and quantitative risk effects analysis and quantitative risk assessmentassessment
Silica Rulemaking Update Silica Rulemaking Update Next StepsNext Steps
Completion of peer review reports Completion of peer review reports and revisions to health and risk and revisions to health and risk analysesanalyses
Complete development and Complete development and clearance of NPRMclearance of NPRM
Regulatory Agenda ProjectsRegulatory Agenda Projects
Safety StandardsSafety Standards
Consensus standards-acetylene Consensus standards-acetylene Electric power generation Electric power generation Standards improvement project IIIStandards improvement project III General working conditions for General working conditions for
shipyards shipyards Walking/working surfacesWalking/working surfaces Combustible dust Combustible dust
Recently Published GuidanceRecently Published Guidance
Combustible dust fact sheetCombustible dust fact sheet Combustible dust web pageCombustible dust web page Control of safety and health hazards Control of safety and health hazards
in metal scrap recyclingin metal scrap recycling Occupational exposure to Occupational exposure to
norovirusesnoroviruses
Recently Published GuidanceRecently Published Guidance
Nanotechnology web pageNanotechnology web page Barge safety guidanceBarge safety guidance PSM poster & quick cardPSM poster & quick card Shipyard industry digestShipyard industry digest Hazard communication for Hazard communication for
combustible dustcombustible dust
Guidance developed under the Guidance developed under the American Recovery and Reinvestment American Recovery and Reinvestment
Act (ARRA)Act (ARRA)
Silica control guidelines Silica control guidelines for constructionfor construction
Ethylene oxide guidance Ethylene oxide guidance in health carein health care
Influenza GuidanceInfluenza GuidancePandemic InfluenzaPandemic Influenza
Guidance on preparing workplaces for an Guidance on preparing workplaces for an influenza pandemicinfluenza pandemic
Pandemic influenza preparedness and Pandemic influenza preparedness and response guidance for healthcare workers response guidance for healthcare workers and healthcare employers and healthcare employers
Proposed guidance on workplace stockpiling Proposed guidance on workplace stockpiling of respirators & facemasks for pandemic of respirators & facemasks for pandemic influenzainfluenza
Influenza GuidanceInfluenza Guidance
H1N1 Guidance MaterialsH1N1 Guidance Materials
How to protect yourself in the How to protect yourself in the workplaceworkplace
What employers can do to protect What employers can do to protect workers workers
High exposure risk occupationsHigh exposure risk occupations Respiratory protectionRespiratory protection Respirators vs. surgical masksRespirators vs. surgical masks
Future GuidanceFuture Guidance
Final stockpiling of respirators and Final stockpiling of respirators and facemasks for pan flufacemasks for pan flu
Booklet on hexavalent chromiumBooklet on hexavalent chromium
Longshoring quick cardsLongshoring quick cards
Respirator videoRespirator video
Safety and health management systemsSafety and health management systems
Questions?Questions?
Jim MadduxJim MadduxOSHA Directorate of OSHA Directorate of
Standards and GuidanceStandards and Guidance202-693-1968202-693-1968
[email protected]@dol.gov