OSHA Web Chat Generates a Number of Questions on Potential Injury and Illness Prevention Program Standard, Among Others

Deputy Assistant Secretary for the Occupational Safety and Health Administration Jordan Barab was on hand Monday to answer questions online regarding the agency’s regulatory agenda. The Department of Labor recently released its semiannual regulatory agenda, which included a number of significant workplace safety and health initiatives. OSHA’s agenda is an ambitious one, with eight proposals in the preliminary stages, five at the proposed rule level, and 14 regulations at the final stage of development. The agency is in the initial process of developing standards to address such hazards as infectious diseases, combustible dust, bloodborne pathogens, occupational exposure to beryllium, and occupational exposure to food favoring containing diacetyl and diacetyl substitutes. OSHA is also proposing rules that would reinstate the musculoskeletal disorder (MSD) column to the injury and illness reporting log, revise the agency’s injury and illness reporting system, and protect against occupational exposure to crystalline silica, among other measures. Regulations at the final rule stage include those designed to address hazard communication, and procedures to handle whistleblowing and retaliation complaints under various statutes governed by OSHA.

During the web chat, Barab noted that last year OSHA added an Injury and Illness Prevention Program standard (I2P2) to the regulatory agenda. According to Barab the proposed standard “will require employers to develop a program that will help them address their health and safety hazards in a systematic proactive way.” While OSHA has not yet set a specific date for publishing the proposed standard, Barab claimed the agency plans to begin the Small Business Regulatory Fairness Act (SBREFA) review process shortly at which time it “will be providing a draft to the SBREFA Panel, and at that time, the draft will be available to the public.” Barab said the agency will consider developing a document that compares the 1989 Safety and Health Program Management (SHPM) guidelines with the proposed I2P2 standard.

Barab clarified during the online session that the I2P2 will not involve any changes to the current review methodology and associated application of penalties for identified violations. He emphasized that “a citation for violating an existing OSHA standard or for violating the General Duty Clause does not mean that an employer will also be cited for violating the Injury and Illness Prevention Program standard.”

In response to a question about OSHA’s rulemaking regarding the electronic collection of occupational injury and illness data, Barab explained that the agency’s initiative “will not add to or change any employer’s obligation to complete and retain the injury and illness records or change the recording criteria or definitions for these records,” but rather that the proposal “will only modify employers’ obligations to transmit information from their records to OSHA.” This proposal is in draft form and has not yet been issued as a proposed rule.

While Barab answered a number of questions regarding specific rules, he also stated that the agency has “no plans” at this time to add an ergonomics standard to OSHA’s regulatory agenda, although he claimed that musculoskeletal disorders (MSDs) account for almost a third of all workplace injuries and illnesses requiring time away from work. “Rather than promulgating an ergonomic standard at this time,” Barab explained, “OSHA will continue addressing this issue through providing guidance as well as through enforcement using the general duty clause under 5 (a)(1).” Barab was also asked whether the Agency gleaned anything from small businesses from the recently re-opened docket and teleconferences that could affect the proposal to add a column specifically for MSDs that they are required to report. In response, Barab stated that: “OSHA is currently reviewing the information and input received to determine an appropriate course of action.”

In response to an inquiry as to why the proposed rule for crystalline silica has been delayed, Barab explained that the rule “is a scientifically complex effort that potentially affects a large number of workers and employers. It is among the largest health rulemakings undertaken by OSHA. Although publication of the proposed rule is taking longer than expected, OSHA continues to work diligently with OMB and is confident that the proposed rule will be published soon.”

As for a potential bloodborne pathogens standard, Barab claimed that this proposed regulation might apply to workplaces other than healthcare-related ones if there exists occupational exposure or potential exposure to blood and body fluids.

Finally, Barab mentioned that the agency has updated its publication target date for the final rule on the Hazard Communication Standard to occur in September 2011.

A transcript of the entire web chat can be found here.

Photo credit: MBPHOTO, INC.

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.