Spring Occupational Safety & Health Committee ConferenceApril 29, 2019St. Louis, MO

Washington Update Regulatory Policy &

Industrial Hygiene Issues

C. Richard BozekDirector, Environmental and Health & Safety Policy

Edison Electric Institute

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OSHA Leadership Staffing

OSHA / MSHA Health & Safety Initiatives

Regulatory AgendaEnforcement info

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• Delay in Confirmation of Scott Mugno– Nominated 11/1/17 (nomination resubmitted 1/8/18)

– Cleared Senate HELP committee 12/17, 1/18 and again 2/19

– Former VP of Safety and Sustainability – FedEx Ground

– Oversaw 90,000 workers at 600 workplaces and fleet of 60,000 trucks

– Former regulatory attorney

– In early April, McConnell eased Senate confirmation rules; nomination expected this month

Political Leadership at OSHA

Scott A. MugnoFormer VP of Safety

at FedEx Ground

Assistant Sec. of Labor for OSHA

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Key Personnel

Loren E. SweattFormer Sr. Policy Advisor to House Education & Workforce Committee

Dep. Assistant Sec. of Labor for OSHA

Krisann PearceFormer General Counsel House

Education & Workforce Committee

Chief of Staff

Jordan BarabFormer Deputy Asst Secretary

OSHA (2009-17)Joined House Education &

Workforce Committee

OSHA Health & Safety Initiatives

• Trenching Safety Initiative• National Emphasis Program on

Trenching and Excavation Safety• Identify and to reduce hazards

associated with trenching and excavation operations

• Safe & Sound: Campaign for Safety & Heath Programs

• Goal to promote adoption of safety & health practices (Safe + Sound Week)

• Stop Falls Campaign• Raise awareness on the danger of falls

• Heat Illness Prevention• Promote risks of heat and prevention

measures through twitter #WaterRestShade

• May: National Electric Safety Month• May 6-10: National Safety Stand-

Down to Prevent Falls in Construction

• June: National Safety Month (National Safety Council)

• June 10-11: National Forklift Safety Day (Industrial Truck Association)

• June 17-21: Trench Safety Stand-Down

• August 12-18: Safe + Sound Week• August 28-31: Safety Plus

Symposium (Voluntary Protection Programs Participants' Association Conference)

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Regulatory Priorities As Identified by Industry or OSHA Power Industrial Trucks Emergency Response Prevention of Workplace Violence Health Care Lock Out / Tag Out Updates Tree Care Beryllium Standard Hazcom GHS Updates Revisions to RCS Construction -Table 1 Amendments to the Cranes and Derricks in

Construction Standard Crane and Derrick Exemption Expansion for Rail Road

Right Of Ways

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RFI Published March 11 – Objective is to determine of there is a need to update standard- A mobile, power-propelled truck used to carry, push, pull, lift,

stack or tier materials. - Commonly known as forklifts, pallet trucks, rider trucks,

forktrucks, or lifttrucks.- OSHA believes standard for power industrial trucks lags behind

the ANSI standards and addresses only 11 of the 19 types of trucks in existence

Comments due June 10

EEI sent out member inquiry to gauge impact and level of interest

Powered Industrial Trucks

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Changes to standard to reflect the full range of hazards currently facing emergency responders

SBREFA review expected to begin in October May- OSHA has asked for utility volunteers for SBREFA panel

Proposal sometime in July-August

Scope of rule- May cover any emergency response service and “skilled support

employer”- SSE = employer who designates employees to provide service at

the scene of an emergency incident (providing cranes, tow trucks, construction equipment and utility service)

Emergency Response and Preparedness Standard

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2016 RFI gathered information on preventing workplace violence- Nurses petitioned for rulemaking

Applies only to healthcare & social assistance industries

SBREFA expected after early 2019 June- OSHA would like utility participants on SBREFA panel

Doesn’t implicate utilities but OSHA expects similar rules in the future that will cover other industrial sectors; may want to monitor rulemaking for precedents

Prevention of Workplace Violence in Health Care and Social Assistance

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Update to standard to account for increased use of computer-based controls

RFI expected April May/June

2 Separate Initiatives- Control of Hazardous Energy (LOTO) – Pre-rule

• Provide additional flexibility during service and maintenance with the use of new technology

• Possibility of harmonization with consensus and international standards

- Standards Improvement Project (SIP IV)• SIP intended to clarify, simplify minor, non-controversial rule changes• Final expected in Q2• Proposes to remove “unexpected energization” from LOTO standard

Lock-Out / Tag-Out

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OSHA doesn’t expect any action in 2019

No current OSHA standard for tree care operations ANPRM was issued in September 2008

- No action

2018 guidance document could be roadmap for rulemaking- https://www.osha.gov/Publications/OSHA3940.pdf

• 2-page infographic• Addresses: traffic control, drop zones, chippers, aerial lifts

and power lines with links to additional resources

Tree Care Standard

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Affects methods of compliance, beryllium work areas, regulated areas, PPE, hygiene facilities and practices, housekeeping, communication of hazards and recordkeeping.

May 7, 2018 – Direct Final Rule (DFR) published (included some minor changes EEI sought)

May 11, 2018 – enforcement of PELs, exposure assessment, respiratory protection and other provisions began

June 2018 – proposed rule to extend compliance date for ancillary requirements to December 12 published; memo delaying enforcement followed

August 8, 2018 – final rule extending compliance date for ancillary requirements published

September 4 – Deadline to challenge DFR

December 11 – NPRM published with Materion changes- EEI filed comments in February supporting the proposed changes

OSHA looking to finalize the rule by end of 2019, but it may take longer

Beryllium Standard

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Purpose: Continue to align OSHA standard with Global Harmonized System of Classification and Labeling of Chemical (GHS)- Affects classifying chemical hazards, labels and safety data

sheets

NPRM expected mid-year

Hazard Communication Standard Update

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OSHA is considering changes to Table 1 in the construction silica standard - Table 1: Specified Exposure Control Methods

When Working With Materials Containing Crystalline Silica

Timing- ACCOSH Briefing must precede action

• Advisory Committee membership hasn’t been approved yet

- Intent to publish RFI then Proposal in Fall –contingent on ACCOSH committee formation

Revisions to Silica Standard for Construction – Table 1

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Amendment expected to contain a number of provisions designed to improve crane safety and reduce worker injury and fatality- e.g., broadens forklift exclusions, clarifies the use

of boundaries near power lines, mandates the use of fall restraint systems and other clarifications

Delayed - No action expected in current FY but a proposal may be published late in the calendar year (winter)

Amendments to the Cranes and Derricks in Construction Standard

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Will expand exemptions affecting railroad roadway work by providing an additional exemption from the crane standard for some track maintenance hoisting equipment and partial exemptions from, or alternate work practices in lieu of particular requirements of the cranes standard.

Much of the rule will focus on jurisdiction; OSHA or Federal Railroad Administration

Proposed in 2018, expect a final rule in the Fall

Crane and Derrick Exemption Expansion for Railroad Rights-of-Way

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Telecomm- Wireless telecommunication and pole attachments – safety

aspects- In SBREFA stage- Maybe proposal this calendar year

Region 4 – Enforcement Concern- OSHA concerned about reports of misinformation that it plans

on citing noncompliance for organizations that have used the Crane Institute Certification (CIC) to certify operators• CIC is accordance with the relevant ANSI standards even if not

formally approved at the present time.

Other Construction Issues

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Quarterly Stakeholder Call – next is May 2 - 1-2 pm EDT Half of US mining fatalities in recent years due to accidents

involving powered haulage Powered Haulage = (transport of people of materials)

- Includes motors and rail cars, conveyors, belt feeders, longwall conveyors, bucket elevators, vertical manlifts, self-loading scrapers or pans, shuttle cars, haulage trucks, front-end loaders, load-haul- dumps, forklifts, cherry pickers, mobile cranes if traveling with a load.

3 focus areas- Vehicle-on-vehicle collisions- Seatbelt use- Belt Conveyor use

Mine Safety and Health Administration (MSHA)

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OSHA’s budget for FY 2019 is roughly 558 million- $6 million increase

Number of Inspections up as are $100k+ penalties- Focus on repeat violations- OSHA’s field operations manual established a lookback “policy”

of 3 years to establish repeat violations• Expanded to 5 in the Obama Administration• Second Circuit case Triumph Construction held that OSHA is not

bound by any stated lookback policy because neither the OSH Act nor regulation creates any limitation. (Upheld a OSHRC decision –so potentially nationwide implications)

Drones: May 2018 Memo authorizes the use of drones during inspections – must get employer’s consent and onsite personnel must be notified

Enforcement

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Contact Information

C. Richard BozekDirector, Environmental and Health & Safety Policy

Edison Electric Institute202.508.5641

rbozek@eei.org