Update on Standards and Update on Standards and GuidanceGuidance

OSHA’s Regulatory Agenda OSHA’s Regulatory Agenda and Guidance Projectsand Guidance Projects

Dorothy Dougherty, Acting Director

Directorate of Standards and Guidance

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

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

Analytical RequirementsAnalytical Requirements

Significant risk determination.Significant risk determination.

Technological feasibility.Technological feasibility.

Economic feasibility/cost effectivenessEconomic feasibility/cost effectiveness

Information collection requirements under the Information collection requirements under the Paperwork Reduction Act.Paperwork Reduction Act.

Where there is impact on significant number of Where there is impact on significant number of small businesses, Small Business Regulatory small businesses, Small Business Regulatory Enforcement Fairness Act (SBREFA) panel.Enforcement Fairness Act (SBREFA) panel.

Peer review requirements.Peer review requirements.

Regulatory AgendaRegulatory Agenda

DSG has about 20 regulatory DSG has about 20 regulatory projects.projects.

Current regulatory agenda was Current regulatory agenda was published on 4/24/2006.published on 4/24/2006.

Can be accessed through Can be accessed through OSHA’s web page under the OSHA’s web page under the “unified agenda”.“unified agenda”.

Hexavalent ChromiumHexavalent Chromium

Previous standard dated to 1971 and was based Previous standard dated to 1971 and was based on controlling irritation and damage to nasal on controlling irritation and damage to nasal tissues.tissues.

Final rule published Final rule published February 28 2006. February 28 2006.

Separate standards for Separate standards for general industry, general industry, construction, maritimeconstruction, maritime

Assigned Protection FactorsAssigned Protection Factors

Amendment to the Respiratory Amendment to the Respiratory Protection Standard.Protection Standard.

Adds protection factors for classes Adds protection factors for classes of respirators to indicate the of respirators to indicate the expected level of protection.expected level of protection.

Final rule has been prepared and Final rule has been prepared and is in the review process. Expect to is in the review process. Expect to publish later this year.publish later this year.

Final Rules – Safety Final Rules – Safety

Subpart S – General Industry ElectricalSubpart S – General Industry Electrical

Consensus StandardsConsensus Standards

Vertical Tandem LiftsVertical Tandem Lifts

Subpart V – Construction Electric Power Subpart V – Construction Electric Power Generation and DistributionGeneration and Distribution

Subpart VSubpart V

OSHA has two standards OSHA has two standards covering electric power work.covering electric power work.– Subpart V of Part 1926 covering Subpart V of Part 1926 covering

construction.construction.– §1910.269 covering general §1910.269 covering general

industry maintenance.industry maintenance.

Employees suffer 74 fatalities Employees suffer 74 fatalities and 444 injuries annually.and 444 injuries annually.

Proposal would reduce fatalities Proposal would reduce fatalities and injuries by 25 percent.and injuries by 25 percent.

Subpart VSubpart V

Proposal published June Proposal published June 20052005

Public hearing March 2006Public hearing March 2006

Posthearing comment Posthearing comment datesdates– May 15—additional data and May 15—additional data and

evidence dueevidence due– July 14—comments and July 14—comments and

briefs duebriefs due

Consensus StandardsConsensus Standards

More than 200 consensus standards are used in More than 200 consensus standards are used in about 500 OSHA provisions about 500 OSHA provisions

Nearly all 200 are out of dateNearly all 200 are out of date

OSHA Rulemaking cannot keep pace with OSHA Rulemaking cannot keep pace with updates updates

How OSHA Uses Consensus How OSHA Uses Consensus StandardsStandards

Basis -Basis - of an OSHA standard – extracting wording of an OSHA standard – extracting wording

Citing - Citing - as a reference - to indicate an acceptable as a reference - to indicate an acceptable means to meet a performance-language requirementmeans to meet a performance-language requirement

Incorporating by referenceIncorporating by reference - citing the name, year, - citing the name, year, and part/section of the consensus standardand part/section of the consensus standard

Notes or AppendicesNotes or Appendices - for additional information or - for additional information or compliance assistancecompliance assistance

Proposed RulesProposed Rules

Crystalline SilicaCrystalline Silica

BerylliumBeryllium

ExplosivesExplosives

General Working Conditions in ShipyardsGeneral Working Conditions in Shipyards

RFIs and ANPRsRFIs and ANPRs

Hazard Communication/Globally Hazard Communication/Globally Harmonized SystemHarmonized System

SIPS IIISIPS III

Emergency Response and PreparednessEmergency Response and Preparedness

Ionizing RadiationIonizing Radiation

Emergency Emergency Response/PreparednessResponse/Preparedness

OSHA’s jurisdiction is limited, but its OSHA’s jurisdiction is limited, but its standards are used by state and local standards are used by state and local authorities.authorities.Experience in preparing guidance.Experience in preparing guidance.Publishing request for information to solicit Publishing request for information to solicit input on whether rulemaking should be input on whether rulemaking should be done, and what form it should take. done, and what form it should take. Issues related to PPE, training, medical Issues related to PPE, training, medical surveillance.surveillance.

Hazard CommunicationHazard Communication

Considering adoption of the Globally Considering adoption of the Globally Harmonized System of Classification and Harmonized System of Classification and Labeling of Chemicals (GHS).Labeling of Chemicals (GHS).

Added to the new regulatory agenda, with the Added to the new regulatory agenda, with the next step being an advance notice of proposed next step being an advance notice of proposed rulemaking (ANPR).rulemaking (ANPR).

ANPR is currently being reviewed by OMB.ANPR is currently being reviewed by OMB.

Motor Vehicle Safety GuidanceMotor Vehicle Safety Guidance

Recently published Recently published guidance on motor guidance on motor vehicle safety.vehicle safety.

Joint project with Joint project with NHTSA, NETS and NHTSA, NETS and OSHA to address OSHA to address motor vehicle motor vehicle injuries and injuries and fatalities.fatalities.

Current Guidance ProjectsCurrent Guidance Projects

Chrome VI outreachChrome VI outreach

Hazards of Scrap Metal RecyclingHazards of Scrap Metal Recycling

Hazard Communication/GHSHazard Communication/GHS

PPE for Emergency ResponsePPE for Emergency Response

Silica Exposure in ConstructionSilica Exposure in Construction

Current Guidance ProjectsCurrent Guidance Projects

Ergonomics in ShipyardsErgonomics in Shipyards

SlingsSlings

Electrical SafetyElectrical Safety

Motor Vehicle Safety in Marine TerminalsMotor Vehicle Safety in Marine Terminals

Fire Service ManualFire Service Manual

Emerging IssuesEmerging Issues

Control BandingControl Banding– Co-sponsor international workshopCo-sponsor international workshop– Participated in national workshopParticipated in national workshop

NanotechnologyNanotechnology– National Nanotechnology InitiativeNational Nanotechnology Initiative– Best practicesBest practices

Methamphetamine LaboratoriesMethamphetamine Laboratories– Researching potential hazards to first responders and private-Researching potential hazards to first responders and private-

sector clean-up workerssector clean-up workers

Clandestine Drug Labs

Courtesy DEA

Fast growing national problem1999 - 7,400 meth lab raids nationwide  2004 - 17,000 meth labs identified nationwide

Courtesy DEA

Clandestine lab habitat

– Rental properties– Farmhouses – Apartments– Hotels – Motels– Self storage units– Vehicles

Courtesy DEA

Individuals at Risk

Lab operators

First responders/EMT/Hazmat

Cleanup crews

Neighbors

Residents in same building

Courtesy DEA

Potential Exposure Hazards

Strong Acids and Bases

Ammonia

Solvents

Lead

Mercury

Methamphetamine

Courtesy DEA

Avian/Pandemic FluAvian/Pandemic Flu

Guidance on Avian FluGuidance on Avian Flu-- Laboratory workers-- Laboratory workers-- Healthcare workers-- Healthcare workers-- Food handlers-- Food handlers-- Workers stationed abroad-- Workers stationed abroad

-- Poultry workers and animal handlers-- Poultry workers and animal handlers

Participating on workgroup to develop Participating on workgroup to develop guidance for pandemic flu guidance for pandemic flu

ConclusionConclusion

A new regulatory agenda was published on A new regulatory agenda was published on 4/24/2006. It provides the goals for completing 4/24/2006. It provides the goals for completing the various steps of each project.the various steps of each project.

Rulemaking is an iterative and deliberative Rulemaking is an iterative and deliberative process. It includes many checks and balances process. It includes many checks and balances to ensure the Agency is basing its decisions on to ensure the Agency is basing its decisions on the best available evidence.the best available evidence.

Guidance is an additional tool to provide Guidance is an additional tool to provide information to help address safety and health information to help address safety and health issues.issues.