Archives: OSHA Rulemaking

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House Passes Workplace Violence Bill Despite Veto Threat

In a bipartisan 251 to 158 vote, the House of Representatives passed H.R. 1309, which would require the Department of Labor to develop a standard addressing workplace violence in the health care and social services industry. The bill would require that the Department of Labor develop and issue an interim rule on workplace violence prevention … Continue Reading

OSHA Proposes Revisions to Final Beryllium Standards for Construction and Shipyards

On September 30, 2019, OSHA issued a final rule for Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyards.  Rather than revoke the ancillary provisions for these two industries as anticipated, OSHA  “determined that there is not complete overlap in protections between the standards’ ancillary provisions and other OSHA standards.” OSHA  delayed the … Continue Reading

OSHA Finalizes Beryllium Standards for Construction and Shipyard Industries

In January 2017, as a departing gift from the Obama administration, OSHA issued a final rule with three separate standards regulating occupational exposures to beryllium in general industry, construction and shipyards. And, contrary to industry expectations and data in the rulemaking record, OSHA broadened the coverage of the construction and shipyard standards. The three standards … Continue Reading

OSHA Approves New Quantitative Fit Testing Protocols

Pursuant to 29 C.F.R. § 1910.134(f) employees are required to be fit tested prior to wearing tight-fitting respirators and the fit test administered must be using an OSHA-accepted fit test protocol.  Appendix A to § 1910.134 outlines the procedures employers are required to use for fit testing and apply to all OSHA-accepted fit test methods, … Continue Reading

Stricter Cal/OSHA Standard on Lead Exposure Expected in September 2020

On June 27, 2019, California Governor Newsom approved Senate Bill 83. This budget bill contained a provision setting a September 30, 2020 deadline for Cal/OSHA to adopt a revised lead exposure standard. The bill requires Cal/OSHA to “revise the lead standards for purposes of general industry safety orders and construction safety orders, consistent with scientific … Continue Reading

ACCSH September Meeting to Address Proposed Rule for Beryllium in Construction

Last May OSHA began enforcing various provisions of the agency’s requirements of the beryllium standard.  Since then, for the construction and shipyard industries, only the permissible exposure limits and short term exposure limit are being enforced until OSHA undertakes additional rulemaking for those industries. It appears OSHA is taking steps toward rulemaking and has announced that … Continue Reading

OSHA Takes Steps to Revise Silica Standard for Construction

On July 29th OSHA submitted a draft Request for Information (RFI) to the Office of Management and Budget (OMB) regarding Table 1 in OSHA’s construction standard for silica. If approved by OMB, OSHA intends to issue the RFI in the Federal Register to determine if revisions to Table 1 may be appropriate. On March 25, … Continue Reading

Cal/OSHA Relaxes Proposed Wildfire Smoke Emergency Regulation

After receiving over 40 public comments and holding a public meeting on its proposed wildfire smoke emergency regulation, California’s Department of Industrial Relations, Division of Occupational Safety and Health (“DOSH”), has eased some requirements of the proposed rule. (If you would like more information on the proposed regulation, you can check out this previous OSHA … Continue Reading

Drug Testing & Safety Incentive Rulemaking on Long Term Regulatory Agenda for OSHA

It’s that time of year again…when federal agencies, including OSHA, tell us what is on the horizon for rulemaking activity. This week the spring semiannual regulatory agenda for federal agencies was published.  This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers … Continue Reading

OSHA Requests Information on Potential Changes to Lockout/Tagout Standard Including Addressing Robotic Technology

OSHA’s Lockout/Tagout Standard at 29 C.F.R. 1910.147 regulates the control of exposure to unexpected energization during service and maintenance on machines or equipment. On May 18, 2019, OSHA issued a Request for Information (RFI) seeking “information regarding two areas where modernizing the Lockout/Tagout standard might better promote worker safety without additional burdens to employers: control … Continue Reading

CAL/OSHA Proposes Emergency Regulation on Smoke-Protection after Destructive Wildfire Season

In the wake of the most destructive wildfire season in California history, California’s Department of Industrial Relations, Division of Occupational Safety and Health (“DOSH”), has issued a proposed emergency regulation intended to protect workers from wildfire smoke. On April 15th, 2019, DOSH released the proposed regulation and scheduled a hearing to discuss the regulation for … Continue Reading

OSHA Requests Information for Use of Powered Industrial Trucks in Maritime, Construction and General Industry

On March 11, 2019, OSHA issued a Request for Information (RFI) in the Federal Register seeking comments and information from stakeholders regarding the use of powered industrial trucks (PITs) for maritime (1915.120, 1917.43, 1918.65) construction, (1926.602(c), (d)), and general industries (1910.178). OSHA is considering revising current standards regarding powered industrial trucks and this information will … Continue Reading

OSHA Issues Final Rule Revising Electronic Recordkeeping Regulation

Today OSHA published the final rule revising the Improve Tracking of Workplace Injuries and Illnesses regulation promulgated under the Obama administration.  The final rule aligns with the proposed rule and rescinds the requirements for establishments with 250 or more employees to electronically file information from OSHA Forms 300 and 301. As is currently the requirement, these establishments … Continue Reading

Years in the Making…OSHA Finalizes Crane Operator Requirements for Construction Industry

Roughly eight years after the original promulgation of the final standard 29 CFR part 1926, Subpart CC – Cranes and Derricks in Construction, OSHA finally revises the requirements for operator certification. In August 2010 OSHA issued the final cranes and derricks in construction standard. As part of that standard, crane operators were required to either be certified … Continue Reading

What’s on OSHA’s Agenda…Fall 2018 Regulatory Agenda Released

It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. Earlier this week the fall semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions … Continue Reading

California Legislature Says Recordkeeping Violations Not Subject to Six-Month Statute of Limitations

Beginning in 2019, employers in California will now be on the hook for recordkeeping violations well beyond the six-month statute of limitations.  Bill Number AB 2334 (Occupational injuries and illnesses: employer reporting requirements: electronic submission) co-sponsored by California Labor Federation and California Professional Firefighters was introduced by Thurmond (D) earlier this year, passed the State legislature and … Continue Reading

Group Asks Court to Require OSHA to Electronically Accept OSHA 300 Logs and 301 Forms

In response to OSHA’s announcement in May this year that the agency would not require the electronic submission of 300 Logs or 301 Forms for employers with establishments of 250 or more employees, Public Citizen,  a consumer rights advocacy group, filed a lawsuit in the U.S. District Court for the District of Columbia challenging OSHA’s suspension of the requirement to … Continue Reading

OSHA Further Delays Beryllium General Industry Compliance Dates

OSHA recently announced that the compliance date for “specific ancillary requirements of the general industry beryllium standard” would be extended to December 12, 2018. At this time, OSHA is preparing a Notice of Proposed Rulemaking designed to clarify these provisions as well as addressing employers’ concerns with compliance. Compliance Date Extended until December 12, 2018 The compliance … Continue Reading

OSHA Proposes to Revise Electronic Submissions to Require Only 300A Forms

Today OSHA formally published a Notice of Proposed Rulemaking (NPRM) in the Federal Register revising the Obama-era regulation,  Improve Tracking of Workplace Injuries and Illnesses. The proposed rule rescinds the requirement for establishments with 250 or more employees to electronically submit information from the OSHA 300 Log and 301 Form and adds a requirement for covered establishments … Continue Reading

OMB Finishes Review of Revised “Improve Tracking of Workplace Injuries and Illnesses” Rule

In a May post we noted that OSHA had moved closer to publishing a proposed rule revising the Obama-era regulation,  Improve Tracking of Workplace Injuries and Illnesses by submitting the proposed rule to the Office of Management and Budget (OMB) for review under Executive Order 12866.  This review was completed yesterday, July 23, and now signals that … Continue Reading

OSHA Proposes Limited Extension of the Compliance Dates for Beryllium

On May 11th OSHA began enforcement of certain requirements of the beryllium standard.  For generally industry, construction and shipyards this included the permissible exposure limits.  Further, in general industry enforcement began for the requirements of an exposure assessment, respiratory protection, medical surveillance and medical removal. While OSHA began enforcement of some of the these requirements it had previously … Continue Reading

OSHA’s Revised “Improve Tracking of Workplace Injuries and Illnesses Regulation” at OMB for Review

OSHA is a step closer to publishing a proposed rule revising the Obama-era regulation,  Improve Tracking of Workplace Injuries and Illnesses.  OSHA’s proposal has been submitted to the Office of Management and Budget (OMB) for review under Executive Order 12866.  This is the final internal review before the proposal gets published in the Federal Register and signals … Continue Reading

OSHA Issues Notice of Proposed Rulemaking for Crane Operator Certification – Shifting the Original Intent of the Negotiated Rulemaking Committee

In August 2010 OSHA issued the final cranes and derricks in construction standard, 1926 – Subpart CC. As part of that standard, crane operators were required to either be certified or qualified (depending on the option elected by an employer) by November 10, 2014. 29 C.F.R. § 1926.1427(k).  On February 10, 2014, OSHA proposed a … Continue Reading

OSHA Spring Regulatory Agenda…What to Expect from OSHA

It’s that time of year again…when OSHA tells us what is on the horizon for rulemaking activity. Last week the spring semiannual regulatory agenda for federal agencies was published. This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for … Continue Reading
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