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OSHA Publishes Its 2014 Reg Intentions

Posted in on Fri, Jan 31, 2014

On January 7, OSHA published its regulatory flexibility schedule for 2014, which can be found at https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=24161.  Although the agenda is ambitious and all indications are that the long period of little OSHA rulemaking moving forward due to political considerations is over, any intentions to take action or dates announced by OSHA need to be taken with a grain of salt.  While OSHA is required to include its intentions in this notice, its intent does not always match its resources, legal review or various unlistable factors, political or otherwise, that the agency must take into account when moving rulemaking forward.

At the prerule stage is rulemaking on

  • bloodborne pathogens with findings to be issued May 2014;
  • infectious diseases for which SBREFA (Small Business Regulatory Enforcement Fairness Act) panels are to begin January 2014;
  • reinforced concrete in construction with SBREFA panels to begin April 2014; and
  • preventing backover injuries and fatalties for which SBREFA panels are to begin June 2014.

Over the last few years, ASSE has participated in stakeholder meetings on infectious diseases and backovers.

Proposed rules that OSHA has begun or intends to pursue in 2014 include

  • occupational exposure to crystalline silica, on which ASSE has commented;
  • occupational exposure to beryllium for which OSHA intends to publish a notice of proposed rulemaking in April 2014;
  • combustible dust that will begin SBREFA review in April 2014;
  • injury and illness prevention program (I2P2) for which an notice of proposed rulemaking is intended for September 2014, although the scheduled January 2012 SBREFA review has yet to begin;
  • confined space in construction for which a final rule before publishing is scheduled for February 2014; and
  • electric power transmission and distribution/electrical protective equipment, publication of which was scheduled for November 2013.

The only completed action is occupational exposure to food flavorings containing diacetyl, which was withdrawn in August 2013.

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