OSHA Regulatory Agenda Update (Fall 2018) - Compliance Digest

October 23, 2018

In this edition of the Compliance Digest, we provide a summary of OSHA’s Fall 2018 regulatory agenda based on the U.S. federal government’s semiannual regulatory update.

Department of Labor – Agency Rule List – Fall 2018

Last week, the U.S. federal government released its Fall 2018 regulatory agenda. The regulatory plan and agenda is published twice a year. It identifies regulatory priorities and provides details about the most significant regulatory actions that Federal agencies expect in the future.

In this post, we highlight the important OSHA and MSHA rules that are part of the Department of Labor’s rules list. The agenda includes 21 OSHA rules and 6 MSHA rules, but we only include the most important ones in this post. Check out the full list for all rules. Regulation Identifier Numbers (RIN) and links are also provided.

It’s especially worth noting that three important OSHA items have moved from the proposed rule stage to the final rule stage. They are highlighted below.

Rules in the Pre-Rule Stage

The following OSHA and MSHA rules are in the pre-rule stage:

  • Communication Tower Safety 1218-AC90
  • Emergency Response and Preparedness 1218-AC91
  • Powered Industrial Trucks 1218-AC99
  • Lock-Out/Tag-Out Update 1218-AD00
  • Prevention of Workplace Violence in Health Care and Social Assistance 1218-AD08
  • Exposure of Underground Miners to Diesel Exhaust 1219-AB86
  • Safety Improvement Technologies for Mobile Equipment at Surface Mines and Belt Conveyors at Surface and Underground Mines 1219-AB91

Rules in the Proposed Rule Stage

The following OSHA rules are in the proposed rule stage:

  • Amendments to the Cranes and Derricks in Construction Standard 1218-AC81
  • Update to the Hazard Communication Standard 1218-AC93
  • Exposure to Beryllium NPRM to Review General Industry Provisions 1218-AD20

Rules in the Final Rule Stage

The following OSHA rules are in the final rule stage:

  • Crane Operator Qualification in Construction 1218-AC96
    Moved from proposed rule stage to final rule stage
    In the 2010 final cranes standard, OSHA established crane operator certifications as the sole criterion for operator safety. Certification is virtually always provided by third-party testing entities. Following publication of the standard, stakeholders stressed that certification did not by itself establish a safe enough level of experience and competence, i.e. employers must be responsible to ensure that crane operators are qualified. The rulemaking will also clarify issues around certification, including the “type and capacity” requirement.
  • Tracking of Workplace Injuries and Illnesses 1218-AD17
    Moved from proposed rule stage to final rule stage
    OSHA proposed to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from Forms 300 and 301 for establishments with 250 or more employees that are required to routinely keep injury and illness records. Under the proposed rule, these establishments would be required to electronically submit only information from Form 300A. OSHA is reviewing comments and will publish a final rule in June 2019.
  • Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors 1218-AD21
    Moved from proposed rule stage, where it was published as “Occupational Exposure to Beryllium” and 1218-AB76, to final rule stage
    OSHA proposed to revoke ancillary provisions applicable to the construction and shipyard sectors on June 28, 2018 (82 FR 29182), but to retain the new lower permissible exposure limit (PEL) of 0.2 µg/m3 and the short-term exposure limit (STEL) of 2.0 µg/m3 for those sectors.

Long-Term Initiatives

The following OSHA and MSHA rules are among those listed as long-term actions, meaning regulatory action is far in the future or the rules may not be implemented:

  • Occupational Injury and Illness Recording and Reporting Requirements–Musculoskeletal Disorders (MSD) Column 1218-AC45
  • Infectious Diseases 1218-AC46
  • Process Safety Management and Prevention of Major Chemical Accidents 1218-AC82
  • Respirable Crystalline Silica 1219-AB36
  • Proximity Detection Systems for Mobile Machines in Underground Mines 1219-AB78

For more information, see the full Fall 2018 Agency Rule List for the Department of Labor.

Dates provided in the regulatory agenda, as well as the status of rules, are subject to change. The information provided by the Department of Labor should not be viewed as a commitment, but as a general indication of where things stand and where they are headed.

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