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

2. Standards and Guidance Update OSHA’s regulatory process OSHA’s regulatory process Regulatory activities Regulatory activities Guidance work Guidance work Answer questions Answer questions

3. THE REGULATORY PROCESS

4. 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

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

6. Legal Requirements for Rulemaking OSH Act OSH Act Administrative Procedures Act Administrative Procedures Act Regulatory Flexibility Act Regulatory Flexibility Act Paperwork Reduction Act (PRA) Paperwork Reduction Act (PRA) Small Business Regulatory Enforcement Fairness Act (SBREFA) Small Business Regulatory Enforcement 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 Act Congressional Review Act Information Quality Act Information Quality Act

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

8. Regulatory Review Process The rule is written by a rulemaking team (at least one person each from DSG, DEA, SOL) The rule is written by a rulemaking team (at 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

9. Semiannual Regulatory Agenda Provides each agency’s plans for regulatory activities over the next year Provides each agency’s plans for regulatory activities over the next year Current agenda was published on 4/24/2006 Current agenda was published on 4/24/2006 The new agenda will be published in October 2006 The new agenda will be published in October 2006 Can be accessed through OSHA’s web page or on the web page for the Federal Register (www.gpoaccess.gov/fr) under “Unified Agenda” Can be accessed through OSHA’s web page or on the web page for the Federal Register (www.gpoaccess.gov/fr) under “Unified Agenda”www.gpoaccess.gov/fr

10. Recent Standards Activities Final rule, longshoring & marine terminals- vertical tandem lifts (December 2008) Final rule, longshoring & marine terminals- vertical tandem lifts (December 2008) Final rule, clarification on training and PPE for each employee (December 2008) Final rule, clarification on training and PPE for each employee (December 2008) Final rule, welding definitions consensus standards (March 2008) Final rule, welding definitions consensus standards (March 2008)

11. Recent Standards Activities Final action, Bitrex ® respirator fit testing (June 2009) Final action, Bitrex ® respirator fit testing (June 2009) Direct final rule, acetylene consensus standards (August 2009) Direct final rule, acetylene consensus standards (August 2009) Final rule, PPE consensus standards (August 2008) Final rule, PPE consensus standards (August 2008)

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

13. Regulatory Agenda Projects Health Standards Hazard communications (GHS) Hazard communications (GHS) Diacetyl Diacetyl Beryllium Beryllium Silica Silica Hexavalent chromium remand Hexavalent chromium remand Portacount respirator fit testing method Portacount respirator fit testing method

14. 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

15. 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

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

17. Proposed Modifications to the HCS 16 Physical Hazard Classifications Appendix B 10 Health Hazard Classifications Appendix A Designation of Categories of Hazard Determines Label Elements Pictogram – Hazard Statement – Signal Word Precautionary Statements

18. Modifications to Labels Sample Hazard Statements Sample Hazard Statements ­Fatal if in contact with skin ­Extremely flammable aerosol ­May cause cancer Two Signal Words Two Signal Words ­Danger ­Warning !

19. Labeling

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

21. Other OSHA Standards All substance specific standards will contain a generic hazard communication statement: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

22. Other OSHA Standards 1926.152 Flammable and Combustible Liquids 1926.152 Flammable and Combustible Liquids Harmonizing the definitions of flammable liquids with GHS definitionsHarmonizing the definitions of flammable liquids with GHS definitions Removing the term combustible liquidRemoving the term combustible liquid Maintaining scope by combining flashpoint cutoffs with the GHS categoriesMaintaining scope by combining flashpoint cutoffs with 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) ….

23. Silica Rulemaking Update – Current Activities Developing Notice of Proposed Rulemaking (NPRM) Developing Notice of Proposed Rulemaking (NPRM) Conducting peer review of health effects analysis and quantitative risk assessment Conducting peer review of health effects analysis and quantitative risk assessment

24. Silica Rulemaking Update Next Steps Completion of peer review reports and revisions to health and risk analyses Completion of peer review reports and revisions to health and risk analyses Complete development and clearance of NPRM Complete development and clearance of NPRM

25. Regulatory Agenda Projects Safety Standards Consensus standards-acetylene Consensus standards-acetylene Electric power generation Electric power generation Standards improvement project III Standards improvement project III General working conditions for shipyards General working conditions for shipyards Walking/working surfaces Walking/working surfaces Combustible dust Combustible dust

26. Recently Published Guidance Combustible dust fact sheet Combustible dust fact sheet Combustible dust web page Combustible dust web page Control of safety and health hazards in metal scrap recycling Control of safety and health hazards in metal scrap recycling Occupational exposure to noroviruses Occupational exposure to noroviruses

27. Recently Published Guidance Nanotechnology web page Nanotechnology web page Barge safety guidance Barge safety guidance PSM poster & quick card PSM poster & quick card Shipyard industry digest Shipyard industry digest Hazard communication for combustible dust Hazard communication for combustible dust

28. Guidance developed under the American Recovery and Reinvestment Act (ARRA) Silica control guidelines for construction Silica control guidelines for construction Ethylene oxide guidance in health care Ethylene oxide guidance in health care

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

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

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

32. Questions? Questions? Jim Maddux OSHA Directorate of Standards and Guidance 202-693-1968maddux.jim@dol.gov