OSHA Conducts Web Chat on Agency's Regulatory Agenda

During OSHA’s live web chat, which was held on Wednesday, Assistant Secretary of Labor David Michaels reiterated that the agency intends to publish five new final rules in 2011. The new standards include those addressing: Hazard Communication and Standards Improvement; Confined Spaces in Construction; General Working Conditions for Shipyards; and Electric Power Transmission. Michaels also said the agency intends to publish final rules for several whistleblower regulations. In addition, OSHA plans to publish a proposed rule for crystalline silica this Spring.

The Department of Labor’s web chats scheduled for this week are designed to solicit questions regarding the agency’s recently published semiannual regulatory agenda. Michaels noted during the chat that two new initiatives contained in the Agenda focus on hazards in the high risk construction industry: Backing Operations and Reinforcing and Post-Tensioned Steel Construction. Other highlights of the chat include the following:

  • OSHA's highest regulatory priority is the injury and illness prevention program rule (I2P2). According to Michaels, this rule will have the greatest impact in terms of preventing workplace injuries, illnesses and fatalities. Michaels said that the agency is moving toward requiring employers to have injury and illness prevention programs.
  • While the musculoskeletal disorder (MSD) column will likely be added to the Form 300 log starting January 2012, OSHA said it has no plans to re-propose an ergonomics rule, which many in the business community had feared would follow.
  • With respect to a standard on combustible dust, Michaels said while no final rule issuance date can be predicted at this time, OSHA plans to initiate its Small Business Regulatory Enforcement Fairness Act (SBREFA) process in April. According to Michaels, the SBREFA process takes about 120 days to complete.
  • As for a diacetyl standard, Michaels claimed OSHA is working with the National Institute of Occupational Safety and Health (NIOSH) to develop the risk assessment process in formulating a standard. Michaels predicted that by April 2011, the agency would begin the peer review component of the health effects and risk assessment process. According to Michaels, OSHA does not have a set period for the length of these reviews, but estimated that they take approximately 4 to 6 months to complete depending on the complexity of the analysis involved.

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Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.