OSHA Environment Regulatory Agenda FHWA How Can We Help?
OSHA Assistant Secretary David Michaels appears to be staying in place. During the first term, his agenda pushed: Aggressive regulatory agenda Promulgation of New Standards Compliance through Shaming
Injury and Illness Prevention Program (I2P2) is No. 1 Comprehensive update of the permissible exposure limits (PELs) New standards for silica, beryllium and combustible dust Focused funding on enforcement to show enforcement has an impact
OSHA leadership is: Vocal about of protecting workers Familiar with making industry a target Inclined to treat non-union employers differently than union employers Enforcement driven Focused on big penalties and daily press releases
Secretary of Labor Hilda Solis: Gone. Replacement: Likely to be playing more defense than offense. Pressure for more diversity in Cabinet. Some Buzz: Maria Echaveste, former deputy chief of staff for former President Clinton. Arlene Holt Baker, AFL-CIO executive vice president (as a nod to organized labor).
Obama Administration Focused on Legacy Re-election not an issue; no need to hold back Focus on enforcement Efforts to repay base of support (Organized Labor)
Construction Highlights Proposed Silica RuleMay 2013 Final Confined Spaces in ConstructionJuly 2013 Proposed I2P2 rule (SBREFA begins January 2013) December 2013 Combustible Dust (SBREFA )October 2013 Proposed Rule for Reinforced Concrete in Construction and Preventing Backover Injuries and Fatalities* TBD Injury and Illness Recording and ReportingMay 3013 Final rule on Changes to On-site Consultation ProgramApril 2013
The current OSHA permissible exposure limit for construction (PEL) was developed in 1970. NIOSH and ACGIH recommend cutting that exposure limit in half. OSHA is looking towards a comprehensive standard to provide for exposure monitoring, medical surveillance, and worker training. OSHA is looking at ASTM standards and a comprehensive program standard recommended by the Building Construction Trades Department of the AFL-CIO.
In 1993, OSHA issued a rule for general industry (29 CFR 1910.146). No comparable standard for construction. OSHA closed the record for comment in October 2008. Made a failed attempt to promulgate a rule. New final rule scheduled for July 2013.
OSHAs highest regulatory priority Requirement to develop and implement a plan that identifies hazards in the workplace and establishes methods to eliminate or mitigate the hazards – shifts the burden to employers Looking at VPP practices, ANSI and AIHA consensus standards
51% of worker on foot fatalities in highway work zones involved backing vehicles. Technologies may prevent incidents, including cameras and proximity detection systems. The use of spotters and internal traffic control plans can also make backing operations safer.
Related to post-tensioning and reinforcing steel. Data indicates that 33 workers died while performing work on or near post-tensioning operations or reinforcing steel between 2000 and 2009. OSHA currently has few rules which address the steel reinforcing and post-tensioning activities directly.
Would exempt some low-hazard industries from reporting to OSHA, while adding others. References the North American Industry Classification System (NAICS), replacing Standard Industrial Classification (SIC) codes. Shortens the reporting time period to OSHA for serious injuries, fatalities and catastrophes.
Regulatory Review Announced December 6, 2012 Comments Due February 4, 2013
This program is designed to improve and streamline OSHA standards by removing or revising requirements that are confusing or outdated, or that duplicate, or are inconsistent with, other standards.
ARTBA recommends OSHA use its Directed Final Rule process to update its reference to the most current version of FHWAs MUTCD. (Currently references the 2000 edition.) ARTBA recommends whenever FHWA issues a new version of the MUTCD, OSHA will begin a direct final rulemaking process to reconcile its reference to the most current FHWA version.
Secretary Ray LaHood announced Tuesday he is leaving...
On January 11, FHWA requested comments on the possibility of splitting the MUTCD into two separate documents. One document would contain federal requirements, and the second document would contain guidance (which are not federal requirements, but are recommended practices). Responses are due March 12, 2013.
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