Standards and Guidance Standards and Guidance UpdateUpdate

Jim MadduxJim MadduxOSHA Directorate of OSHA Directorate of

Standards and GuidanceStandards and Guidance

Dallas Fort WorthDallas Fort WorthAIHA/ASSE SeminarAIHA/ASSE Seminar

September 15, 2009September 15, 2009

Standards and Guidance UpdateStandards and Guidance Update

OSHA’s regulatory processOSHA’s regulatory process

Regulatory activitiesRegulatory activities

Guidance workGuidance work

Answer questionsAnswer questions

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

Public

Comment

Implementation

Site visits

Stakeholder meetings

RFI or ANPR

Public InvolvementPublic Involvement

The public is invited to comment on The public is invited to comment on rules, often several timesrules, often several times• Stakeholder meetings (pre-proposal)Stakeholder meetings (pre-proposal)• Advance Notice of Proposed Rulemaking Advance Notice of Proposed Rulemaking

(ANPR) or Request for Information (RFI)(ANPR) or Request for Information (RFI)• Written comment following publication Written comment following publication

of proposal (mandatory)of proposal (mandatory)• Hearings (if requested)Hearings (if requested)• Post hearing comments and briefsPost hearing comments and briefs

Legal Requirements for Legal Requirements for RulemakingRulemaking

OSH ActOSH Act Administrative Procedures ActAdministrative Procedures Act Regulatory Flexibility ActRegulatory Flexibility Act Paperwork Reduction Act (PRA)Paperwork Reduction Act (PRA) Small Business Regulatory Enforcement Small Business Regulatory Enforcement

Fairness Act (SBREFA)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 ActCongressional Review Act Information Quality ActInformation Quality Act

Analytical RequirementsAnalytical Requirements

Significant risk determinationSignificant risk determination Technological feasibilityTechnological feasibility Economic feasibility/cost effectivenessEconomic feasibility/cost effectiveness Information collection requirements under Information collection requirements under

the Paperwork Reduction Actthe Paperwork Reduction Act Where there is impact on significant number Where there is impact on significant number

of small businesses, Small Business of small businesses, Small Business Regulatory Enforcement Fairness Act Regulatory Enforcement Fairness Act (SBREFA) panel(SBREFA) panel

Peer review requirementsPeer review requirements

Regulatory Review ProcessRegulatory Review Process The rule is written by a rulemaking team (at The rule is written by a rulemaking team (at

least one person each from DSG, DEA, SOL)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

Semiannual Regulatory AgendaSemiannual Regulatory Agenda

Provides each agency’s plans for Provides each agency’s plans for regulatory activities over the next yearregulatory activities over the next year

Current agenda was published on Current agenda was published on 4/24/20064/24/2006

The new agenda will be published in The new agenda will be published in October 2006October 2006

Can be accessed through OSHA’s web Can be accessed through OSHA’s web page or on the web page for the Federal page or on the web page for the Federal Register (Register (www.gpoaccess.gov/frwww.gpoaccess.gov/fr) under ) under “Unified Agenda”“Unified Agenda”

Recent Standards ActivitiesRecent Standards Activities

Final rule, longshoring & marine terminals- Final rule, longshoring & marine terminals- vertical tandem lifts (December 2008)vertical tandem lifts (December 2008)

Final rule, clarification on training and PPE Final rule, clarification on training and PPE for each employee (December 2008)for each employee (December 2008)

Final rule, welding definitions consensus Final rule, welding definitions consensus standards (March 2008)standards (March 2008)

Recent Standards ActivitiesRecent Standards Activities

Final action, BitrexFinal action, Bitrex®® respirator fit testing respirator fit testing (June 2009)(June 2009)

Direct final rule, acetylene consensus Direct final rule, acetylene consensus standards (August 2009)standards (August 2009)

Final rule, PPE consensus standards Final rule, PPE consensus standards (August 2008)(August 2008)

Recent Standards ActivitiesRecent Standards Activities

Withdrawal of the ANPRM for diacetylWithdrawal of the ANPRM for diacetyl

Initiate diacetyl SBREFA panelInitiate diacetyl SBREFA panel

Add combustible dust to the Regulatory Add combustible dust to the Regulatory AgendaAgenda

Initiate peer review of crystalline silica Initiate peer review of crystalline silica health effects and risk assessmenthealth effects and risk assessment

Regulatory Agenda ProjectsRegulatory Agenda Projects

Health StandardsHealth Standards

Hazard communications (GHS) Hazard communications (GHS) Diacetyl Diacetyl Beryllium Beryllium SilicaSilica Hexavalent chromium remandHexavalent chromium remand Portacount respirator fit testing methodPortacount respirator fit testing method

Globally Harmonized System of Globally Harmonized System of Classification and Labeling of Chemical - Classification and Labeling of Chemical -

GHSGHS

A common, coherent approach to A common, coherent approach to classifying and communicating classifying and communicating chemical hazardschemical hazards

Includes:Includes: Harmonized definitions of hazards Harmonized definitions of hazards Specific criteria for labels Specific criteria for labels Harmonized format for safety data Harmonized format for safety data

sheetssheets GHS is GHS is notnot a proposed standard a proposed standard

How does the GHS advance How does the GHS advance safety and health? safety and health?

The goal: All domestic and international systemsThe goal: All domestic and international systems– Using the same definitions of hazard for the Using the same definitions of hazard for the

same chemicalsame chemical– Providing the same basic information on labelsProviding the same basic information on labels– Providing the same SDS formatProviding the same SDS format

Protection/Health & SafetyProtection/Health & Safety– Reduce confusion/Increase comprehension of Reduce confusion/Increase comprehension of

hazardshazards– Better downstream risk managementBetter downstream risk management– Facilitates trainingFacilitates training– Helps address literacy problems Helps address literacy problems

Proposed Modifications to the HCSProposed Modifications to the HCS

Performance-oriented to specification Performance-oriented to specification standard standard Hazard Classifications (not specifically relevant Hazard Classifications (not specifically relevant

to construction) to construction) Labels and Safety Data Sheet formatLabels and Safety Data Sheet format

Scope and Application will not changeScope and Application will not change All current exemptions will applyAll current exemptions will apply No testing required No testing required

Implementation Implementation Revised provisions – 3 yearsRevised provisions – 3 years Training – 2 yearsTraining – 2 years

Proposed Modifications to the HCSProposed Modifications to the HCS

16 Physical Hazard 16 Physical Hazard ClassificationsClassifications

Appendix BAppendix B

10 Health Hazard 10 Health Hazard ClassificationsClassifications

Appendix AAppendix A

Designation of Categories of Hazard Designation of Categories of Hazard

Determines Label ElementsDetermines Label Elements

Pictogram – Hazard Statement – Signal WordPictogram – Hazard Statement – Signal Word

Precautionary StatementsPrecautionary Statements

Modifications to LabelsModifications to Labels

Sample Hazard StatementsSample Hazard Statements

Fatal if in contact with skinFatal if in contact with skin Extremely flammable aerosolExtremely flammable aerosol May cause cancerMay cause cancer

Two Signal Two Signal WordsWords DangerDanger WarningWarning

!

LabelingLabeling

SDS FormatSDS Format

16 Section Format 16 Section Format Modeled after ANSI Modeled after ANSI

OSHA is proposing:OSHA is proposing: Sections 1 -11 and section 16 would be Sections 1 -11 and section 16 would be

mandatorymandatory Sections 12 -15 would be non-Sections 12 -15 would be non-

mandatory mandatory

Other OSHA StandardsOther OSHA Standards

• All substance specific standards will contain a All substance specific standards will contain a generic hazard communication statement:generic hazard communication statement:

The employer shall include cadmium in the workplace The employer shall include cadmium in the workplace hazard communication program established to hazard communication program established to comply with the Hazard Communication Standard comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200). The employer shall (HCS) (29 CFR 1910.1200). The employer shall ensure that employees have access to labels on ensure that employees have access to labels on containers of cadmium and safety data sheets, and containers of cadmium and safety data sheets, and are trained in accordance with the provisions of 29 are trained in accordance with the provisions of 29 CFR 1910.1200 and paragraph (m)(4) below.  The CFR 1910.1200 and paragraph (m)(4) below.  The employer shall provide information on at least the employer shall provide information on at least the following hazards:  Cancer, lung and kidney effects, following hazards:  Cancer, lung and kidney effects, and acute toxicity effectsand acute toxicity effects

Other OSHA StandardsOther OSHA Standards

1926.152 Flammable and 1926.152 Flammable and Combustible LiquidsCombustible Liquids• Harmonizing the definitions of flammable liquids Harmonizing the definitions of flammable liquids

with GHS definitions with GHS definitions • Removing the term combustible liquidRemoving the term combustible liquid• Maintaining scope by combining flashpoint cutoffs Maintaining scope by combining flashpoint cutoffs

with the GHS categorieswith 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) ….

Silica Rulemaking Update –Silica Rulemaking Update –Current ActivitiesCurrent Activities

Developing Notice of Proposed Developing Notice of Proposed Rulemaking (NPRM)Rulemaking (NPRM)

Conducting peer review of health Conducting peer review of health effects analysis and quantitative risk effects analysis and quantitative risk assessmentassessment

Silica Rulemaking Update Silica Rulemaking Update Next StepsNext Steps

Completion of peer review reports Completion of peer review reports and revisions to health and risk and revisions to health and risk analysesanalyses

Complete development and Complete development and clearance of NPRMclearance of NPRM

Regulatory Agenda ProjectsRegulatory Agenda Projects

Safety StandardsSafety Standards

Consensus standards-acetylene Consensus standards-acetylene Electric power generation Electric power generation Standards improvement project IIIStandards improvement project III General working conditions for General working conditions for

shipyards shipyards Walking/working surfacesWalking/working surfaces Combustible dust Combustible dust

Recently Published GuidanceRecently Published Guidance

Combustible dust fact sheetCombustible dust fact sheet Combustible dust web pageCombustible dust web page Control of safety and health hazards Control of safety and health hazards

in metal scrap recyclingin metal scrap recycling Occupational exposure to Occupational exposure to

norovirusesnoroviruses

Recently Published GuidanceRecently Published Guidance

Nanotechnology web pageNanotechnology web page Barge safety guidanceBarge safety guidance PSM poster & quick cardPSM poster & quick card Shipyard industry digestShipyard industry digest Hazard communication for Hazard communication for

combustible dustcombustible dust

Guidance developed under the Guidance developed under the American Recovery and Reinvestment American Recovery and Reinvestment

Act (ARRA)Act (ARRA)

Silica control guidelines Silica control guidelines for constructionfor construction

Ethylene oxide guidance Ethylene oxide guidance in health carein health care

Influenza GuidanceInfluenza GuidancePandemic InfluenzaPandemic Influenza

Guidance on preparing workplaces for an Guidance on preparing workplaces for an influenza pandemicinfluenza pandemic

Pandemic influenza preparedness and Pandemic influenza preparedness and response guidance for healthcare workers response guidance for healthcare workers and healthcare employers and healthcare employers

Proposed guidance on workplace stockpiling Proposed guidance on workplace stockpiling of respirators & facemasks for pandemic of respirators & facemasks for pandemic influenzainfluenza

Influenza GuidanceInfluenza Guidance

H1N1 Guidance MaterialsH1N1 Guidance Materials

How to protect yourself in the How to protect yourself in the workplaceworkplace

What employers can do to protect What employers can do to protect workers workers

High exposure risk occupationsHigh exposure risk occupations Respiratory protectionRespiratory protection Respirators vs. surgical masksRespirators vs. surgical masks

Future GuidanceFuture Guidance

Final stockpiling of respirators and Final stockpiling of respirators and facemasks for pan flufacemasks for pan flu

Booklet on hexavalent chromiumBooklet on hexavalent chromium

Longshoring quick cardsLongshoring quick cards

Respirator videoRespirator video

Safety and health management systemsSafety and health management systems

Questions?Questions?

Jim MadduxJim MadduxOSHA Directorate of OSHA Directorate of

Standards and GuidanceStandards and Guidance202-693-1968202-693-1968

maddux.jim@dol.govmaddux.jim@dol.gov