OSHA Proposes Changes to Rules Governing Slips, Trips, and Falls in General Industry

Posted on June 7, 2010 by Brad Hammock

OSHA has published a proposed rule that would revise requirements governing the prevention of slips, trips, and falls in general industry workplaces.  OSHA's "Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems)" proposed rule impacts virtually every general industry workplace in the country.  Slips, trips, and falls are one of the leading causes of OSHA recordable injuries and OSHA estimates that its proposed rule will prevent 20 fatalities and 3,500 serious injuries every year.

The proposed rule revises OSHA's Subparts D and I of the general industry standards related to ladders, scaffolds, and fall protection, among other things.  The rules also include the general requirement that employers keep places of employment, passageways, storerooms and service rooms clean and in a sanitary condition, a requirement that has been widely applied by OSHA to a number of workplace hazards, including combustible dust.

Some of the key aspects of the proposal are:

  • OSHA reiterates the application of the general housekeeping requirement to combustible dust and seeks comment on whether this should be explicitly included in the final rule;
  • OSHA proposes several requirements for rope descent systems, commonly used in window cleaning operations;
  • OSHA reiterates the fundamental duty to provide fall protection in general industry when employees could fall a distance of 4-feet or greater; and
  • OSHA proposes to eliminate the use of body belts as part of personal fall arrest systems in general industry operations.

Given the breadth of this proposed rule, all general industry employers are encouraged to review it and comment on it.  Written comments, along with requests for a hearing, are due to the Agency by August 23, 2010.      

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OSHA's Combustible Dust ANPR to be Issued Soon

Posted on September 30, 2009 by Brad Hammock

OSHA’s Advance Notice of Proposed Rulemaking (ANPR) on combustible dust should be published soon in the Federal Register. The ANPR is currently under review by the Office of Management and Budget, the final step in the intergovernmental review process. Employers with combustible dust hazards in their worksites are encouraged to participate in the rulemaking process.

Combustible dusts are solids ground into fine particles, which can cause a fire or explosion when suspended in air under certain circumstances. Common examples of combustible dusts include metal (aluminum and magnesium), wood, plastic, rubber, coal, flour, sugar, and paper, among others. OSHA has identified  a number of industries with combustible dust hazards, including agriculture, chemicals, food, grain, plastics, wood, paper, textiles, pharmaceuticals, tire and rubber manufacturing, and metal processing. While certain OSHA standards provide some protection against combustible dust, for example, Housekeeping (29 CFR 1910.22) and Electrical Equipment in Hazardous Locations (29 CFR 1910.307), OSHA does not have a single comprehensive rule to protect employees from combustible dust explosions.

Secretary of Labor Solis, in announcing the combustible dust rulemaking, stated that “OSHA is reinvigorating the regulatory process to ensure workers receive the protection they need while also ensuring that employers have the tools needed to make their workplaces safer.” We will continue to monitor closely developments in this area and update this blog when the ANPR is finally published in the Federal Register.

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OSHA to Regulate Combustible Dust

Posted on May 7, 2009 by Brad Hammock

Signaling its renewed focus on regulatory means to address occupational hazards, OSHA is pursuing comprehensive rulemaking to prevent combustible dust explosions. The Agency announced it will be issuing an Advance Notice of Proposed Rulemaking (ANPR) and convening stakeholder meetings to evaluate approaches to regulating combustible dust. Employers with combustible dust hazards in their worksites are encouraged to participate in the rulemaking process.

Combustible dusts are solids ground into fine particles, which can cause a fire or explosion when suspended in air under certain circumstances. Common examples of combustible dusts include metal (aluminum and magnesium), wood, plastic, rubber, coal, flour, sugar, and paper, among others. OSHA has identified a number of industries with combustible dust hazards, including agriculture, chemicals, food, grain, plastics, wood, paper, textiles, pharmaceuticals, tire and rubber manufacturing, and metal processing. While certain OSHA standards provide some protection against combustible dust, for example, Housekeeping (29 CFR 1910.22) and Electrical Equipment in Hazardous Locations (29 CFR 1910.307), OSHA does not have a single comprehensive rule to protect employees from combustible dust explosions.

OSHA’s announcement was expected. Over the last several years, the Agency has published non-mandatory guidance on combustible dust hazards and the prevention of combustible dust explosions. Furthermore, there has been significant congressional interest in the issue. In the last Congress, the House of Representatives passed a bill to force OSHA to issue an interim and final combustible dust standard within 3 and 18 months, respectively. On February 4 of this year, Representatives George Miller, Lynn Woolsey, and John Barrow re-introduced this bill.

Secretary of Labor Solis, in announcing the combustible dust rulemaking, stated that “OSHA is reinvigorating the regulatory process to ensure workers receive the protection they need while also ensuring that employers have the tools needed to make their workplaces safer.” Employers must remain alert to OSHA’s regulatory initiatives and participate in the rulemaking process.

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