Regulatory Agenda for Industrial Hygiene Issues

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1 Regulatory Agenda for Industrial Hygiene Issues EEI Safety and Health Committee Conference Spring, 2013 James G. Gartland. CIH, CSP, CHMM Principal HS Specialist Duke Energy

2 Health Regulatory Agenda Known dates Final rules o o Confined Spaces in Construction Hearing Protector Labeling (EPA) Proposed rules Crystalline Silica Beryllium Injury/Illness Prevention Program

3 Health Regulatory Agenda Known dates Small Business Review o Infectious Diseases Request for Information o Review/Lookback for OSHA Chemical Standards Stakeholder Meeting o Lead: Renovation, Repair and Painting Program for Public and Commercial Buildings Next Action TBD o Bloodborne Pathogens Regulatory Review

4 Health Regulatory Agenda Unknown (listed on agenda, but no date) Final rules o Musculoskeletal Disorder Column - OSHA 300 o Exposure to Radiofrequency Electromagnetic Fields Unknown (Not listed in the agenda, but not officially withdrawn) Possible Proposed Rule o Lead Paint: Bridges and Structures; Training, Accreditation, and Certification Lead MAP

5 Confined Spaces in Construction (Final Rule Known Date) Summary: Current confined space standard is General Industry only OSHA is planning Construction version Proposed rule published in 2007 Impact: Proposed standard is different than current General Industry Standard. Different terminology and classifications Probably confusing to implement if Construction and General Industry confined spaces are on the same site. OSHA sometimes vague what constitutes Construction vs. General Industry Time Table: Final rule July, 2013

6 Hearing Protector Labeling (EPA) (Final Rule Known Date) Summary: EPA regulates Noise Reduction Ratings (NRR) on hearing protection Proposed in 2009 to modify rating system Impacts Could change the allowed use of some hearing protectors Will create a range instead of a single NRR Interpret range based on a number of factors Time Table: How experience person is in using hearing protection How well the person was able to fit the hearing protection (i.e. proper insertion of earplug) Final Rule December, 2013

7 Crystalline Silica (Proposed Rule Known Date) Summary: Current calculated PEL was based upon guidance from Draft floated in 2003 (current draft may be similar) Impact: PEL as low as 50 ug/m 3 (possibly 75 ug/m 3 or 100 ug/m 3 ) Probable inclusion of presumption of overexposure for certain tasks (like lead standard) Full substance specific standard (PEL, AL, medical, training, controls, etc) Dust generating activities on silica containing materials Coal / coal fly ash/slag (particularly if used as blast material) U.S. Minerals citation for $446,400 for silica exposure from slag Concrete dust Abrasive sandblasting Refractory ceramic fiber (RCF) Converts to silica at sustained high heat levels Draft rule suggested to OSHA by National Industrial Sand Association Time Table: Proposed rule May, 2013 (?) At OMB since (2/14/11) NOTE: Usually comments in 90 days, not 2 years! Stakeholder meeting with foundries last month was first in a year.

8 Beryllium (Proposed Rule Known Date) Summary: OSHA issued a Request for Information (11/26/02) OSHA identified abrasive blasting with coal slag as a potential occupational exposure NIOSH research studies have confirmed overexposures with Black Beauty (coal plant slag) as blasting agent. Impacts/Exposure Potential: Full substance specific standard (PEL, AL, medical, training, controls, etc) Coal slag, coal ash, some welding materials (trace amounts) Historical sampling methods may not be sensitive enough for much lower PEL Machining exposure on spark resistant tools or other exotic metals. Impact will depend on PEL and housekeeping provisions. Current PEL = 2 ug/m 3 vs. Current TLV = 0.05 ug/m 3 (40 X lower) Draft rule suggested to OSHA by beryllium manufacturer Time Table: Proposed Rule July, 2013? (Not at OMB yet)

9 Injury/Illness Prevention Program (Proposed Rule Known Date) Summary: Impacts OSHA plans to develop an implementation of a management system to control occupational health and safety risks Would require proactive identification, evaluation and control of health and safety risks Similar to programs in some states (e.g. California) Would address hazards not covered by specific standards Concerns about this being a back door to an ergonomic standard Possible way of addressing gridlock on updating PELs Time Table: Proposed rule December, 2013 NOTE: OSHA has stated that this is still a high priority rule in the second term for Obama, but still moving slowly.

10 Infectious Diseases (Small Business Review Known Date) Summary: OSHA is looking at whether it needs to create a rule to address infectious disease risks such as tuberculosis, SARS and pandemic flu. Requested comments in 2010 Impacts Would require implementation of an infection control program Comment request was vague Unclear if would impact on-site medical personnel and facilities Time Table: Small Business Review April, 2013 Possible proposed rule Unspecified

11 Review/ Lookback of OSHA Chemical Standards (Request for Information Known Date) Summary: Impacts Most of OSHA's Permissible Exposure Limits (PELs) were adopted in 1971 and only a few have been successfully updated since that time. Update effort in 1989 overturned by a court decision. OSHA is developing a Request for Information (RFI) seeking input from the public to help the Agency identify effective ways to address occupational exposure to chemicals. Updating of standards that are over 40 years old may have an impact due to: Potential need to re-sample to determine exposures vs. new standard Potential need to implement controls to meet lower new standards. Time Table: Request for Information May, 2013 Next Step Unspecified

12 Lead Renovation, Repair & Painting for Public and Commercial Buildings (Stakeholder Meeting Known Date) Summary: Impacts EPA is expanding current regulations on lead renovation, repair and painting in childoccupied facilities to now cover public and commercial buildings Focus on safe work practices Similar to previous asbestos requirements Asbestos public and commercial buildings included utilities Would cover work on both exterior and interior of public and commercial buildings Possible companion regulation would create certification and accreditation requirements (See Lead MAP regulation) Time Table: Notice for stakeholder meeting Spring, 2013 Stakeholder Meeting June, 2013 Possible Proposed Rule July, 2015 Possible Final Rule January, 2018 NOTE: This rule has been a long time coming from EPA. It has been postponed numerous times, but is now under a court order for release.

13 Bloodborne Pathogens Regulatory Review (Next Action TBD Known Date) Summary: OSHA is looking at whether it needs to update the BBP standard Requested comments in 2010 Impacts Could change BBP compliance requirements Time Table: Next Action (Unspecified) May, 2013

14 Musculoskeletal Disorder Column - OSHA 300 (Final Rule Unknown Date) Summary: OSHA plans to add a new column to the OSHA 300 log for Musculoskeletal Disorders (MSD) Proposed rule in 2010 Withdrawn in Jan, 2011 Re-opened for comments in May, 2011 OSHA does not seem to be moving forward, but has not withdrawn fully either Impact: Would require marking on OSHA 300 log any injury or illness that met the definition for MSD Concerns over definition Proposed rule removed proactive job rotation as a non-recordable choice Concerns this was a backdoor ergonomics standard Time Table: Final rule Unspecified

15 Exposure to Radiofrequency Electromagnetic Fields (Final Rule Unknown Date) Summary: Federal Communication Commission (FCC) issued a proposed rule in 2003 Would change procedures and labeling requirements related to radiofrequency (RF) exposures. Per FCC, notice to be published in Fed Register in April, 2013 (Draft copy on FCC web page) Includes a Proposed Rule and Notice of Inquiry Proposed Rule (No change in limits) Changes to methods of communicating risks Changes to previous exemptions Notice of Inquiry Whether existing RF limits should be revised How RF limits should be revised Impacts Unknown. Might change work around RF generating equipment on poles and rooftops Time Table: Final rule Unspecified

16 Not in the agenda.. Lead Paint: Bridges and Structures; Training, Accreditation, and Certification Lead MAP (Possible Proposed Rule Unknown Date) Summary: Impacts EPA is planning regulations addressing training of personnel involved in lead-based paint activities on bridges and structures Structures can include towers and tanks Would require establishment of state programs to regulate training Similar to asbestos Model Accreditation Plan (MAP) States would have to create training programs Would require accredited programs, licensing and certification for workers Time Table: Possible Proposed rule EPA has not stated a date NOTE: Long time coming from EPA. Postponed numerous times. Currently not listed on Federal Regulatory Agenda, but can be found on EPA web page.

17 Questions

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