Regulatory Agenda for Industrial Hygiene

Issues

EEI Safety and Health Committee Conference

Spring 2012

OSHA Regulatory Agenda Updated from OSHA and Other Sources

Hazard Communication Revised

Crystalline Silica

Beryllium

Confined Spaces in Construction

Infectious Disease

Blood Borne Pathogens

Updating PELs

Exposure to Radio Frequency / EMF (FCC)

Hearing Protection Testing Rules (EPA)

Pet Projects…

We are pressing forward to develop standards addressing hazardous exposure to crystalline silica, beryllium, combustible dust, and food flavorings containing diacetyl. Dave Michaels, Sept. 14, 2010

Hazard Communication Published Rule (Final-May 26)

Summary: OSHA modified the HCS to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This rule includes changes to the criteria for classifying health and physical hazards, adopting standardized labeling requirements and requires a standard order of information in MSDS.

Impact: Current MSDS and Labels will need to be revised by the

manufacturer. There will be significant cost to update/revise internal company MSDS, policies and retrain workers on the changes.

Time Table:

Comment Period Closed September 2006 Complete Peer Review November 2006 Notice for Proposed Rulemaking November 2007 OSHA issued a proposed rule December 2008 Review at OMB September 2009 Informal hearings started in March 2010 Published March 26, Becomes Final in 60 Days Training on Standard by December 2013 (OSHA to develop template) Other deadlines for compliance to June 2016

This topic will be covered in the IH Session

Crystalline Silica Pre-Rule

Summary: Crystalline silica is a significant component of the earth’s crust and many workers are exposed to it. The current PEL was based upon guidance from 1971. OSHA believes that the PEL should be lowered to protect employees from developing chronic silicosis. OSHA also believes that provisions, such as engineering controls, provided by a comprehensive standard will be necessary to reduce worker exposure to crystalline silica. OSHA plans in this rulemaking to modernize the Agency’s current PELs for silica so that they will be consistent across all sectors. Draft had PEL as low as 50 ug/m3.

Impact: Will significantly effect activities that generate dust, concrete dust, fly

ash dust and other silica containing dust. Time Table:

Completed SBREFA Report - December 2003 Complete Peer Review - February 2009 Risk assessment started – Mid 2009 Completed peer review December 2010 Silica is a priority, but it’s an election year..

IH Session will have additional discussion on Wednesday

Beryllium Pre-rule

Summary: On November 26, 2002 OSHA issued a “Request for Information” and then evaluated the extensive research to identify the best ways of reducing employee exposure to beryllium. OSHA is identifying processes, industries and kinds of businesses that involve the use of beryllium. In the “Request for Information”, OSHA identified abrasive blasting with coal slag as a potential occupational exposure.

Impact: Coal slag and coal ash may contain trace quantities of

beryllium. Some possible machining exposure on spark resistant tools or other exotic metals. Impact will depend on PEL and housekeeping provisions.

Time Table:

Request for information November 2002 Complete SBREFA Report January 2008 Started Peer Review March 2009 Complete Peer Review November 2010 Listed in the Unified Agenda as a “Long Term Action”

Confined Spaces in Construction Proposed Final Rule

Summary: In January 1993, OSHA issued a general industry rule to protect employees who enter confined spaces. This standard does not apply to the construction industry because of differences in the nature of the worksite in the construction industry. In discussions with the United Steel Workers of America on a settlement agreement for the general industry standard, OSHA agreed to issue a proposed rule to extend confined-space protection to construction workers appropriate to their work environment.

Impact: Proposed standard is different than current General Industry Standard. Differences will lead to confusion and compliance difficulty – particularly when Construction and General Industry confined spaces are on the same site.

Time Table:

Proposal Published November 28, 2007 Written Comments Due February 28, 2008 Public Hearing July 22, 2008 Closed November 2008 OSHA Lists as a Final Rule with a June 2012 date

Infectious Disease Pre-rule

OSHA is considering the need for a standard that would create infection control program that would protect employees from infectious disease (i.e. TB, SARS, Pandemic Flu). Directed towards Health Care workers, but like the Blood Borne Pathogen Standard it could carry surprises.

Impacts – Unknown

Time Table Request for Information – April 2010

RFI Comment Period Ends – July 2010

Stakeholder meeting in mid-2011

Small business impact review to start March 2012

Blood Borne Pathogens Review of Rule

Summary: OSHA performed a “look back” review of the Blood Borne

Pathogen Standard to identify any changes required to improve the standard. The review is complete and published a request for comments on suggested changes. They may open the standard up for changes.

Industry impact: Intent to review duplication, overlap and conflicts with

other regulations and degree that technology, economics or other factors may have changed in the interim.

When: Opened review October 2009 Comment Period May – August 2010 Issue findings of Review Mid 2012

Updating PELs Showed up on the agenda as a pre-rule…

OSHA discusses the history of the issue including the

update of 200 PELs and addition of 164 new materials from 1989 that was vacated in 1991.

Impact: Would depend on levels. While OSHA has not made

a determination of how to proceed, we are looking at strategies that would… “better address chemical exposures in the workplace.”

Time Table: Unknown OSHA is developing Request for Information.

Exposure to Radio Frequency Electromagnetic Fields

Summary: The FCC issued a proposed rule in 2003 to change procedures and labeling requirements related to RF exposures. They continue to list this item in the regulatory agenda but do not provide the date of their next action or confirm that they will post a new standard.

Impact: Unknown Time Table:

Proposed rule 2003 No further information from FCC

Lou Hosek will speak on RF / EMF issues in the IH Session

EPA Revision of Hearing Protection Rules Delayed/Questionable Regulations

Summary: OSHA Regulates noise exposure, but EPA sets criteria for

manufactures of hearing protection devices. Rules have not been updated since 1070s. EPA plans on revising regulations for labeling hearing protection products.

Industry impact: Depends on changes, but could reduce Noise Reduction

Rating (NRR) for some devices which might affect the calculated level of protection.

When: EPA intends to issue final rule in early 2012.

Questions ???