On May 5, 2008, OSHA published its agenda for regulations it has selected to review or develop over the next twelve months. OSHA has four regulatory items in the pre-rule stage and three in the proposed rule stage. While OSHA has published a schedule for these items, the published dates are tentative and subject to change.

Regulations in Pre-Rule Stage

In May 2008, OSHA will initiate a Small Business Regulatory Business Fairness Act (”SBRFA”) panel to discuss occupational exposure to diacetyl, a major component in artificial butter. On September 25, 2007, OSHA denied a petition by the United Food and Commercial Workers International Union and the International Brotherhood of Teamsters for an Emergency Temporary Standard for employees exposed to diacetyl. This SBRFA panel is an initial step to develop a proposed rule for controlling occupational exposure to diacetyl.  

By August 2008, OSHA plans to complete a peer review of the occupational exposure standard to crystalline silica as part of the process for developing a proposed standard for crystalline silica. This review will include an analysis of the possible health effects resulting from such exposure and the economic impact that recommended protective measures will have on employers. OSHA has already implemented a National Emphasis Program for occupational exposure standard. For details regarding the National Emphasis Program, please consult a prior Washington Labor & Employment Wire article.

By November 2008, OSHA expects to complete a peer review of occupational exposure to beryllium. In 2002, OSHA solicited information pertaining to exposure to beryllium, including the possible adverse health effects, exposure assessment and monitoring methods, and medical surveillance. OSHA plans to use this information to develop a proposed rule addressing occupational exposure to beryllium.

By November 2008, OSHA will complete a Section 610 (of the Regulatory Flexibility Act) review of its current Methylene Chloride Standard, 29 C.F.R. 1910.1052. This review will consider the need for standard; whether it overlaps, duplicates, or conflicts with other regulations; and the degree to which technology, economic conditions, or others factors have changed since the rule was last evaluated. 

Regulations in Proposed Rule Stage

In June 2008, OSHA will reopen the record on its Electrical Protective Equipment proposed rule to obtain additional information on minimum approach distances. OSHA published the proposed rule on June 15, 2005 and held a public hearing from March 6-14, 2006.  

In August 2008, OSHA will issue a proposed rule governing safe work procedures for work on cranes and derricks. OSHA will base the proposed rule on the consensus reached by the Cranes and Derricks Negotiated Rulemaking Committee in July 2004.  

In September 2008, OSHA will hold a public hearing on its Confined Spaces in Construction proposed rule. The comment period for the proposed rule ended on February 28, 2008. For details regarding the proposed rulemaking and the specific requests for comment, please consult April 29, 2008 and December 17, 2007 Washington Labor & Employment Wire articles.

 For a review of the entire DOL regulatory agenda, including OSHA, please consult the OSHA website.