Update on Standards and Guidance

1. Update on Standards and Guidance Dorothy Dougherty, Acting Director Directorate of Standards and Guidance OSHA’s Regulatory Agenda and Guidance Projects

2. THE REGULATORY PROCESS

4. 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.

5. Regulatory Agenda • DSG has about 20 regulatory projects. • Current regulatory agenda was published on 4/24/2006. • Can be accessed through OSHA’s web page under the “unified agenda”.

6. Hexavalent Chromium • Previous standard dated to 1971 and was based on controlling irritation and damage to nasal tissues. • Final rule published February 28 2006. • Separate standards for general industry, construction, maritime

7. Assigned Protection Factors • Amendment to the Respiratory Protection Standard. • Adds protection factors for classes of respirators to indicate the expected level of protection. • Final rule has been prepared and is in the review process. Expect to publish later this year.

8. Final Rules – Safety • Subpart S – General Industry Electrical • Consensus Standards • Vertical Tandem Lifts • Subpart V – Construction Electric Power Generation and Distribution

9. Subpart V • OSHA has two standards covering electric power work. • Subpart V of Part 1926 covering construction. • §1910.269 covering general industry maintenance. • Employees suffer 74 fatalities and 444 injuries annually. • Proposal would reduce fatalities and injuries by 25 percent.

10. Subpart V • Proposal published June 2005 • Public hearing March 2006 • Posthearing comment dates • May 15—additional data and evidence due • July 14—comments and briefs due

11. Consensus Standards • More than 200 consensus standards are used in about 500 OSHA provisions • Nearly all 200 are out of date • OSHA Rulemaking cannot keep pace with updates

12. How OSHA Uses Consensus Standards • Basis - of an OSHA standard – extracting wording • Citing - as a reference - to indicate an acceptable means to meet a performance-language requirement • Incorporating by reference - citing the name, year, and part/section of the consensus standard • Notes or Appendices - for additional information or compliance assistance

13. Proposed Rules • Crystalline Silica • Beryllium • Explosives • General Working Conditions in Shipyards

14. RFIs and ANPRs • Hazard Communication/Globally Harmonized System • SIPS III • Emergency Response and Preparedness • Ionizing Radiation

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

16. Hazard Communication • Considering adoption of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). • Added to the new regulatory agenda, with the next step being an advance notice of proposed rulemaking (ANPR). • ANPR is currently being reviewed by OMB.

18. Motor Vehicle Safety Guidance • Recently published guidance on motor vehicle safety. • Joint project with NHTSA, NETS and OSHA to address motor vehicle injuries and fatalities.

19. Current Guidance Projects • Chrome VI outreach • Hazards of Scrap Metal Recycling • Hazard Communication/GHS • PPE for Emergency Response • Silica Exposure in Construction

20. Current Guidance Projects • Ergonomics in Shipyards • Slings • Electrical Safety • Motor Vehicle Safety in Marine Terminals • Fire Service Manual

21. Emerging Issues • Control Banding • Co-sponsor international workshop • Participated in national workshop • Nanotechnology • National Nanotechnology Initiative • Best practices • Methamphetamine Laboratories • Researching potential hazards to first responders and private-sector clean-up workers

22. Clandestine Drug Labs Courtesy DEA

23. Courtesy DEA • Fast growing national problem • 1999 - 7,400 meth lab raids nationwide  • 2004 - 17,000 meth labs identified nationwide

24. Clandestine lab habitat • Rental properties • Farmhouses • Apartments • Hotels • Motels • Self storage units • Vehicles Courtesy DEA

25. Lab operators First responders/EMT/Hazmat Cleanup crews Neighbors Residents in same building Individuals at Risk Courtesy DEA

26. Strong Acids and Bases Ammonia Solvents Lead Mercury Methamphetamine Potential Exposure Hazards Courtesy DEA

27. Avian/Pandemic Flu • Guidance on Avian Flu -- Laboratory workers -- Healthcare workers -- Food handlers -- Workers stationed abroad • -- Poultry workers and animal handlers • Participating on workgroup to develop guidance for pandemic flu

28. Conclusion • A new regulatory agenda was published on 4/24/2006. It provides the goals for completing the various steps of each project. • Rulemaking is an iterative and deliberative process. It includes many checks and balances to ensure the Agency is basing its decisions on the best available evidence. • Guidance is an additional tool to provide information to help address safety and health issues.