Standards and Guidance Update

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Standards and Guidance Update

• Jim Maddux
• OSHA Directorate of
• Standards and Guidance
• Dallas Fort Worth
• AIHA/ASSE Seminar
• September 15, 2009

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Standards and Guidance Update

• OSHAs regulatory process
• Regulatory activities
• Guidance work
• Answer questions

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THE REGULATORY PROCESS
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Site visits Stakeholder meetings RFI or ANPR
Public Comment
Implementation
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Public Involvement

• The public is invited to comment on rules, often
  several times
• Stakeholder meetings (pre-proposal)
• Advance Notice of Proposed Rulemaking (ANPR) or
  Request for Information (RFI)
• Written comment following publication of proposal
  (mandatory)
• Hearings (if requested)
• Post hearing comments and briefs

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Legal Requirements for Rulemaking

• OSH Act
• Administrative Procedures Act
• Regulatory Flexibility Act
• Paperwork Reduction Act (PRA)
• Small Business Regulatory Enforcement Fairness
  Act (SBREFA)
• National Environmental Policy Act (NEPA)
• Unfunded Mandates Reform Act (UMRA)
• Congressional Review Act
• Information Quality Act

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Analytical Requirements

• Significant risk determination
• Technological feasibility
• Economic feasibility/cost effectiveness
• Information collection requirements under the
  Paperwork Reduction Act
• Where there is impact on significant number of
  small businesses, Small Business Regulatory
  Enforcement Fairness Act (SBREFA) panel
• Peer review requirements

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Regulatory Review Process

• The rule is written by a rulemaking team (at
  least one person each from DSG, DEA, SOL)
• The rule is then reviewed by
• DSG management
• DEA management
• OSH Solicitor management
• OSHA Assistant Secretary
• DOL Solicitor
• DOL senior leadership
• OMB
• Federal Register

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Semiannual Regulatory Agenda

• Provides each agencys plans for regulatory
  activities over the next year
• Current agenda was published on 4/24/2006
• The new agenda will be published in October 2006
• Can be accessed through OSHAs web page or on the
  web page for the Federal Register
  (www.gpoaccess.gov/fr) under Unified Agenda

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Recent Standards Activities

• Final rule, longshoring marine terminals-
  vertical tandem lifts (December 2008)
• Final rule, clarification on training and PPE for
  each employee (December 2008)
• Final rule, welding definitions consensus
  standards (March 2008)

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Recent Standards Activities

• Final action, Bitrex respirator fit testing
  (June 2009)
• Direct final rule, acetylene consensus standards
  (August 2009)
• Final rule, PPE consensus standards (August 2008)

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Recent Standards Activities

• Withdrawal of the ANPRM for diacetyl
• Initiate diacetyl SBREFA panel
• Add combustible dust to the Regulatory Agenda
• Initiate peer review of crystalline silica health
  effects and risk assessment

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Regulatory Agenda Projects

• Health Standards
• Hazard communications (GHS)
• Diacetyl
• Beryllium
• Silica
• Hexavalent chromium remand
• Portacount respirator fit testing method

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Globally Harmonized System of Classification and
Labeling of Chemical - GHS

• A common, coherent approach to classifying and
  communicating chemical hazards
• Includes
• Harmonized definitions of hazards
• Specific criteria for labels
• Harmonized format for safety data sheets
• GHS is not a proposed standard

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How does the GHS advance safety and health?

• The goal All domestic and international systems
• Using the same definitions of hazard for the same
  chemical
• Providing the same basic information on labels
• Providing the same SDS format
• Protection/Health Safety
• Reduce confusion/Increase comprehension of
  hazards
• Better downstream risk management
• Facilitates training
• Helps address literacy problems

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Proposed Modifications to the HCS

• Performance-oriented to specification standard
• Hazard Classifications (not specifically relevant
  to construction)
• Labels and Safety Data Sheet format
• Scope and Application will not change
• All current exemptions will apply
• No testing required
• Implementation
• Revised provisions 3 years
• Training 2 years

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Proposed Modifications to the HCS

• Designation of Categories of Hazard
• Determines Label Elements
• Pictogram Hazard Statement Signal Word
• Precautionary Statements

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Modifications to Labels

• Sample Hazard Statements
• Fatal if in contact with skin
• Extremely flammable aerosol
• May cause cancer

• Two Signal Words
• Danger
• Warning

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Labeling
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SDS Format

• 16 Section Format
• Modeled after ANSI
• OSHA is proposing
• Sections 1 -11 and section 16 would be mandatory
• Sections 12 -15 would be non-mandatory

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Other OSHA Standards

• All substance specific standards will contain a
  generic hazard communication statement
• The employer shall include cadmium in the
  workplace hazard communication program
  established to comply with the Hazard
  Communication Standard (HCS) (29 CFR 1910.1200).
  The employer shall ensure that employees have
  access to labels on containers of cadmium
  and safety data sheets, and are trained in
  accordance with the provisions of 29 CFR
  1910.1200 and paragraph (m)(4) below.  The
  employer shall provide information on at least
  the following hazards  Cancer, lung and kidney
  effects, and acute toxicity effects

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Other OSHA Standards

• 1926.152 Flammable and Combustible Liquids
• Harmonizing the definitions of flammable liquids
  with GHS definitions
• Removing the term combustible liquid
• Maintaining scope by combining flashpoint cutoffs
  with the GHS categories

Tanks and pressure vessels storing category 2 or
3 flammable liquids with a flashpoint below 100
deg F. (37.8 deg. C) .
Tanks and pressure vessels storing Class IB and
IC liquids .
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Silica Rulemaking Update Current Activities

• Developing Notice of Proposed Rulemaking (NPRM)
• Conducting peer review of health effects analysis
  and quantitative risk assessment

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Silica Rulemaking Update Next Steps

• Completion of peer review reports and revisions
  to health and risk analyses
• Complete development and clearance of NPRM

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Regulatory Agenda Projects

• Safety Standards
• Consensus standards-acetylene
• Electric power generation
• Standards improvement project III
• General working conditions for shipyards
• Walking/working surfaces
• Combustible dust

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Recently Published Guidance

• Combustible dust fact sheet
• Combustible dust web page
• Control of safety and health hazards in metal
  scrap recycling
• Occupational exposure to noroviruses

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Recently Published Guidance

• Nanotechnology web page
• Barge safety guidance
• PSM poster quick card
• Shipyard industry digest
• Hazard communication for combustible dust

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Guidance developed under the American Recovery
and Reinvestment Act (ARRA)

• Silica control guidelines for construction
• Ethylene oxide guidance in health care

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Influenza Guidance

• Pandemic Influenza
• Guidance on preparing workplaces for an influenza
  pandemic
• Pandemic influenza preparedness and response
  guidance for healthcare workers and healthcare
  employers
• Proposed guidance on workplace stockpiling of
  respirators facemasks for pandemic influenza

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Influenza Guidance

• H1N1 Guidance Materials
• How to protect yourself in the workplace
• What employers can do to protect workers
• High exposure risk occupations
• Respiratory protection
• Respirators vs. surgical masks

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Future Guidance

• Final stockpiling of respirators and facemasks
  for pan flu
• Booklet on hexavalent chromium
• Longshoring quick cards
• Respirator video
• Safety and health management systems

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• Questions?

Jim Maddux OSHA Directorate of Standards and
Guidance 202-693-1968 maddux.jim_at_dol.gov