IH Regulatory Agenda. Gary Hatcher American Electric Power

Transcription

1 IH Regulatory Agenda Gary Hatcher American Electric Power

2 Summary Confined Spaces in Construction (OSHA) Beryllium (OSHA) Injury/Illness Prevention Program (I2P2) (OSHA) Infectious Disease (OSHA) Blood Borne Pathogens (OSHA) Updating PELs (OSHA) Lead Renovation, Repair and Painting (EPA) Revision to Hearing Protection Rules (EPA) Exposure to RF EF Fields (FCC) Will not discuss Silica or Hazcom GHS

3 Confined Spaces in Construction Proposed Rule Summary: Current Rule for General Industry does not apply to Construction. As a settlement agreement for the general industry standard, OSHA agreed to issue a proposed rule to extend confined-space protection to construction workers appropriate to their work environment. The proposed rule was published in Impact: The proposed standard is different than current General Industry Standard. Differences could lead to confusion and compliance difficulty particularly when Construction and General Industry confined spaces are on the same site. Time Table: Proposal Published November 28, 2007 Written Comments Due February 28, 2008 Public Hearing July 22, 2008 Closed November, 2008 Listed as Final Rule February, 2014 (not at OMB yet)

4 Beryllium Proposed Rule Summary: On November 26, 2002 OSHA issued a Request for Information and began to evaluate the best ways of reducing employee exposure to beryllium. OSHA is identifying processes, industries and kinds of businesses that involve the use of beryllium. In the Request for Information, OSHA identified abrasive blasting with coal slag as a potential occupational exposure. Impact: Coal slag and coal ash may contain trace quantities of beryllium. Some possible machining exposure on spark resistant tools or other exotic metals. A full substance specific standard will have all the related requirements (PEL, AL, medical surveillance, training, etc.). Impact will depend on PEL and housekeeping provisions. Time Table: Request for information November, 2002 Complete SBREFA Report January, 2008 Started Peer Review March, 2009 Complete Peer Review November, 2010 Now a Proposed Rule with April, 2014 (Not to OMB yet) Will discuss in IH Session

5 Injury/Illness Prevention Program (Proposed Rule) Summary: OSHA intends to require the implementation of a management system that control occupational safety and health risks. Impact: Would require proactive identification and control of workplace S&H hazards. Would address hazards that are not covered by other standards. Could be a way to address ergonomic issues. Could be used to address PELs. Time Table: Proposed rule September 2014 Note: OSHA has stated that his is a priority rule.

6 Infectious Disease (Pre-rule) Summary OSHA is considering the need for a standard that would create infection control program that would protect employees from infectious disease (ie TB, SARS, Pandemic Flu). Impacts Directed towards Health Care workers, but like the Blood Borne Pathogen Standard it could carry surprises for on-site first aid and medical staff. Time Table Request for Information April 2010 RFI Comment Period Ends July 2010 Stakeholder meeting in mid Small business review started March 2012

7 Blood Borne Pathogens (Review of Rule) Summary: OSHA performed a look back review of the Blood Borne Pathogen Standard to identify any changes required to improve the standard. The review is complete and there was a request for comments. They may reopen the standard up for changes. Industry impact: Intent was to review for duplication, overlap and conflicts with other regulations and degree that technology, economics or other factors may have changed in the interim. Could change compliance requirements. Time Table: Opened review October 2009 Comment Period May August 2010 Next action (unspecific) May 2014

8 Updating PELs Summary: Most Permissible Exposure Limits (PELs) were adopted in An update effort in 1989 was overturned in court action. OSHA is developing a Request for Information (RFI) seeking input to help the agency identify effective strategies for addressing the issue. Impacts: Updating PELs that are 40 years old would result in significant re-sampling to determine exposure and additional new controls. Some analysis methods might need to be revised to achieve appropriate detection. Time Table: Request for information sent to OMB for review April 2014.

9 Lead Renovation, Repair & Painting for Public and Commercial Buildings Summary: EPA is expanding current regulations on lead renovation, repair and painting in child occupied facilities to now cover public and commercial building Impacts: Similar to previous asbestos requirements. For Asbestos public and commercial buildings include utilities. Time Table: Proposed rule July 2015 Note: This rule has been a long time in the making by EPA. It has been postponed numerous times but under court order for release by Jan. 2018

10 EPA Revision of Hearing Protection Rules Delayed/Questionable Regulations Summary: OSHA Regulates noise exposure, but EPA sets criteria for manufactures of hearing protection devices. Rules have not been updated since 1070s. EPA plans on revising regulations for labeling hearing protection products. Industry impact: Depends on changes, but could reduce Noise Reduction Rating (NRR) for some devices which might affect the calculated level of protection. When: As of April 2012 the rule is still being finalized within the agency. Once the rule clears the agency it goes to the Office of Management and Budget (OMB) for review. OMB has a 90-day review process that can sometimes extend much longer. At this point, the future of the rule is uncertain.

11 Exposure to Radio Frequency Electromagnetic Fields Summary: The FCC issued a proposed rule in 2003 to change procedures and labeling requirements related to RF exposures. They continue to list this item in the regulatory agenda but do not provide the date of their next action or confirm that they will post a new standard. Impact: Unknown Time Table: Proposed rule 2003 No further information from FCC

12 Questions???

13 Hazard Communication (Final Rule) Summary: OSHA modified the HCS to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This rule includes changes to the criteria for classifying health and physical hazards, adopting standardized labeling requirements and requires a standard order of information in MSDS. Impact: Current MSDS and Labels will need to be revised by the manufacturer. There will be significant cost to update/revise internal company MSDS, policies and retrain workers on the changes. Time Table: Comment Period Closed September 2006 Complete Peer Review November 2006 Notice for Proposed Rulemaking November 2007 OSHA issued a proposed rule December 2008 Review at OMB September 2009 Informal hearings started in March 2010 Published March 26, 2012 Training on Standard by December 2013 (OSHA to develop template) Other deadlines for compliance to June 2016 This topic will be covered in the General and IH Sessions Delete?

14 Crystalline Silica (Proposed Rule) Summary: Crystalline silica is a significant component of the earth s crust and many workers are exposed to it. The current PEL was based upon guidance from OSHA believes that the PEL should be lowered to protect employees from developing chronic silicosis. OSHA also believes that provisions, such as engineering controls, provided by a comprehensive standard will be necessary to reduce worker exposure to crystalline silica. OSHA plans in this rulemaking to modernize the Agency s current PELs for silica so that they will be consistent across all sectors. Draft had PEL as low as 50 ug/m3. Impact: Will significantly effect activities that generate dust, concrete dust, fly ash dust and other silica containing dust. Time Table: Completed SBREFA Report - December 2003 Complete Peer Review - February 2009 Risk assessment started Mid 2009 Completed peer review Jan 2010 NPRM February 2012 Silica is a priority, but it s an election year.. Delete?