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Washington Labor & Employment Wire » OSHA Announces Semi-Annual Regulatory Agenda

OSHA Announces Semi-Annual Regulatory Agenda


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On April 26, 2010, OSHA published an agenda for regulations it has selected to review or develop over the next 12 months. The eight-item agenda contains the following regulatory items in the pre-rule, proposed rule, and final rule stages (all dates are tentative and subject to change):  

Regulations in Final Rule Stage

In July 2010, OSHA plans to issue a final rule regarding the cranes and derricks in construction proposed rulemaking. OSHA published the proposed rule on October 9, 2008 and held a public hearing from March 17-20, 2009.  

In February 2011, OSHA expects to issue a final rule on its Electric Power Transmission and Distribution and Electrical Protective Equipment proposed rule. OSHA published the proposed rule on June 15, 2005 and held a public hearing from March 6-14, 2006. OSHA also reopened the record in October 2008 and in September 2009, which included a public hearing on October 28, 2009, seeking comments on revised minimum approach distance tables.  

Regulations in Proposed Rule StageBy October 2010, OSHA expects to analyze comments it received in connection with its proposed rule to extend confined-spaces protection to construction workers. OSHA published the proposed rule on November 28, 2007 and held a public hearing on July 22, 2008. 

By February 2011, OSHA expects to publish a notice of proposed rulemaking for crystalline silica. OSHA completed a peer review of the occupational exposure standard for crystalline silica as part of the process for developing the proposed rulemaking. This review included an analysis of the possible health effects resulting from such exposure and the economic impact that recommended protective measures will have on employers.

Regulations in Pre-Rule Stage

By April 2010, OSHA expects to complete Section 610 (of the Regulatory Flexibility Act) reviews of its current methylene chloride standard, 29 C.F.R. § 1910.1052, and its current bloodborne pathogens standard, 29 C.F.R. § 1910.1030. These reviews will consider the need for either standard; whether either standard overlaps, duplicates, or conflicts with other regulations; and the degree to which technology, economic conditions, or others factors have changed since either rule was last evaluated. 

In October 2010, OSHA expects to initiate a peer review of occupational exposure to diacetyl, a major component in artificial butter. In July 2009, OSHA completed a Small Business Regulatory Business Fairness Act (”SBREFA”) panel that published a report, including a draft proposed rule, on occupational exposure to diacetyl. 

In November 2010, OSHA plans to complete a peer review of occupational exposure to beryllium. In January 2008, OSHA completed a SBREFA panel that published a report, including a draft proposed rule, on occupational exposure to beryllium.