Federal Communications

For more information, click on a section below.

• ASSE Calls for Extension on OSHA Crane Rulemaking -- ASSE has urged OSHA to give a 90-day extension of time for submitting comments on OSHA’s Proposed Rule Cranes and Derricks in Construction published in the October 9, 2008 Federal Register. ASSE said the importance of ensuring crane and derrick safety in construction is an important safety issue for a large segment of our diverse and wide-spread membership. Providing an adequate response that reflects the wide experience and expertise of ASSE’s members is a unique challenge in the face of the Proposed Rule’s 240 pages of text and nearly 150 requests for comment. OSHA needs to build confidence in this rulemaking by giving an adequate opportunity to comment. (11/17/2008)
• ASSE Comments on MSHA Drug/Alcohol Rulemaking - ASSE submitted a comment on MSHA’s proposed rule aimed at achieving drug- and alcohol-free mines. While applauding MSHA for attacking the issue proactively, ASSE urged changes in the rulemaking to avoid undercutting existing effective substance abuse prevention programs. The proposal should apply to coal and metal/nonmetal mines, both surface and underground. MSHA’s intention toward independent contractors performing work unrelated to extraction or mineral production needs clarification. Mines with more rigorous drug and alcohol programs – including “zero tolerance” for positive testing employees -- should be allowed to maintain those programs. And post-accident provisions needed to avoid the “law of unintended consequences” of employees underreporting injuries because to avoid post-accident drug or alcohol testing. (11/10/08)
• ASSE Voices Concern Over Change in NIOSH Asbestos Roadmap -- ASSE provided NIOSH with a comment to its draft CIB, Asbestos Fibers and Other Elongated Mineral Particles: State of the Science and Roadmap for Research (June 2008), available at http://www.cdc.gov/niosh/review/public/099-A/default.html . ASSE expressed concern that the draft strayed from NIOSH’s previously stated goal of developing a unified theory of elongated particle toxicity between currently known and newly identified mineral fibers; synthetic vitreous fibers; and nanofibers. Earlier this year, ASSE provided its views on the NIOSH’s February 2007 draft Roadmap. ASSE’s comments supporting that draft can be found in the NIOSH docket at http://www.cdc.gov/niosh/docket/pdfs/NIOSH-099/0099-053107-jones_sub.pdf .
• ASSE Supports Labor Department Rulemaking on Health Standards -- ASSE submitted a comment to the Department of Labor on rulemaking requiring OSHA and MSHA, when developing a health standard, to add a new step to the rulemaking process by publishing an ANPRM seeking relevant scientific information, to evaluate the information received, and to post electronically that information. ASSE supports this proposal because it provides an additional opportunity for the regulated community to review and, if necessary, object to an exposure requirement that employers and SH&E professionals who they hire have responsibility for managing.
• ASSE Comments on OSHA "Per-Employee" Clarification -- ASSE ASSE submitted a comment on OSHA's Proposed Rule clarifying that noncompliance with its personal protective equipment (PPE) and training requirements in safety and health standards may expose an employer to "per-employee" penalties. ASSE urged that the decision to apply "per employee" violations take into consideration an employer's overall commitment to occupational safety and health to avoid penalties out of proportion to what can often be technical or misunderstandings in using PPE. (9/18/08)
  
• On August 29, Carolyn Merritt, former Chair of the US Chemical Safety and Hazard Investigation Board passed away. ASSE President Warren Brown honored Ms. Merritt's achievements in a letter of sympathy to her family. More information and the current CSB Chair John Bresland's statement on Ms. Merritt's great success in leading CSB can be found at this link.
• ASSE Submits Comment on Combustible Dust -

  For the record of the July 29, 2008, Senate Subcommittee on Employment and Workplace Safety hearing on, “Dangerous Dust – Is OSHA doing enough to protect workers?” ASSE submitted a statement urging caution in moving ahead to address hazardous dust risks legislatively without developing a deeper understanding of current OSHA standards, their enforcement by OSHA, and the approach taken through national consensus standards. ASSE agreed with the approach taken in a bill passed by the House seeking requring an OSHA standard no less effective than the NFPA 654 voluntary consensus standard but said should also address related NFPA standards and should be required within 24 months, not the 18 months required in the bill. ASSE also said the bill needs to address OSHA's inadequate inspection resources and inspector training on hazardous dust and find a way to help employers deal with 17 different OSHA standards related to hazardous dust.

• ASSE Commends NIOSH for Draft Control Banding Document - In a letter to NIOSH Acting Director Christine Branche, ASSE commended NIOSH for its comprehensive review and analysis of the control banding issue, Qualitative Risk Characterization and Management of Occupational Hazards (Control Banding [CB]): A Literature Review and Critical Analysis. The draft document can be found at The draft document is posted at http://www.cdc.gov/niosh/review/public/138/. ASSE’s own Position Statement on Control Banding and the Future of the HazCom Standard can be found at http://www.asse.org/professionalaffairs/govtaffairs/ControlBandingFINAL0406.php.
• ASSE Argues for More Dollars for Federal Safety Agencies (6/20/08)
  In letters to Senator Tom Harkin and Representative David Obey, who chair the Senate and House Appropriations Subcommittees for Labor, HHS, Education and Related Agencies, ASSE argues for more FY 2009 funding for OSHA, MSHA and NIOSH than that proposed in the Bush Administration's budget so these federal safety and health agencies can carry out their mandate to protect workers.
• ASSE Urges Withdrawal of OSHA Direct Final Rule to Update OSHA Standards Based on
  National Consensus Standards (1/14/08) In a January 14 comment, ASSE has urged OSHA to withdraw its December 14, 2007, Direct. Final Rule Updating OSHA Consensus Standards Based on National Consensus Standards. The proposed amendments aim to eliminate “outdated consensus standards that have requirements that duplicate, or are comparable to, the requirements specified by other OSHA rules.” This includes a specific reference to the ANSI/ASSE A10.3 standard. ASSE is concerned that this rulemaking goes beyond the stated purpose and fails to meet the Congressional mandate that federal agencies reference voluntary consensus standards. As such, the amendments are inappropriate and, if adopted, would significantly impact the standards’ effectiveness in protecting workers from occupational safety and health risks. In it’s comment, ASSE also recognizes the statement of the Powder Actuated Tool Manufacturers' Institute (PATMI) backing ASSE’s objection to eliminating the A10.3 reference.
• ASSE Testifies at OSHA PPE Public Hearing and OSHA Publishes PPE Direct Final Rule (12/4/07)
  ASSE’s Federal Representative, Adele Abarms, Esq., testified for ASSE at OSHA’s December 4 public hearing on proposed rulemaking to update its PPE standard based on national consensus standards. OSHA's May 17, 2007, Notice of Proposed Rulemaking on Updating OSHA Standards Based on National Consensus Standards; Personal Protective Equipment can be found by clicking here.

• ASSE Comments on CDC Draft Plan for NIOSH (11/30/07)
  ASSE provided detailed comments on a CDC draft of its Action Plan for Healthy Workplaces. ASSE commended CDC for recognizing the framework of the National Occupational Research Agenda (NORA) to structure the goals for NIOSH in the plan but made various suggestions in how to better focus NIOSH's efforts on the need for research and training funding in safety to meet employers' needs for research in advancing safety and appropriately trained safety professionals.
  

• ASSE Urges OSHA Participation on Z15 Committee (9/21/07)

  In a letter to Assistant Secretary Ed Foulke, ASSE urged OSHA participation on the ANSI Standard Committee for Z15, "Safe Practices for Motor Vehicle Fleet Operations."

• ASSE Comments on Major Mining Legislation Before Congress (9/19/07)
  ASSE has commented on the two key mine safety bills now under consideration in the US House of Representatives.  Mark up of the bills by the House Committee on Labor and Education is excepted in October.  The bills seek to build on safety provisions of the MINER Act passed by Congress last year.  The comments were developed by the Government Affairs Committee based on the insight of leaders in ASSE's Mine Practice Specialty.  While ASSE takes positions on a variety of specific issues aimed to improve mine safety, rescue and emergency response, it also suggests that, based on the risks that have come to light in recent mine tragedies, the time has come for an overall safety analysis of the mine industry to identify the most dangers risks so the focus of mine owners, the resources of MSHA and NIOSH and Congressional efforts can be targeted to the most dangerous risks first.
  
            • Side-by-Side Comparison of the Mine Safety Bills (doc)
• ASSE Supports CSB in Appropriations (9/13/07)
  ASSE sent letters to Senate appropriations leaders in support of higher FY '08 appropriations amounts for the US Chemical Safety and Hazard Recognition Board (CSB). A similar letter was sent to Representative Norman D. Dicks, Chairman, and Representative Todd Tiahrt, Ranking Member, of the House Appropriations Subcommittee on Interior, Environment and Related Agencies.
• TB Fit Testing Amendment (7/17/07)
• Amendment to Labor, HHS, and Education Appropriations Bill, 2008 (7/17/07)
• ASSE on OSHA's Updating of National Consensus Standards for PPE
  ASSE provides suggestions on ways to improve OSHA's proposal to update its PPE standard with national voluntary consensus standards and urges inclusion of ANSI/ASSE Z359 Fall Arrest Code (7/16/07)
• TB Respirator Amendment 2007 (7/09/07)
  • Respirator Letter to D. Obey and J. Lewis (7/10/07)
  • TB AIHA Appropriation Letter 2005 (4/29/05)
• Support for HR 2693 Emergency OSHA Diacetyl Standard (6/19/07)
• ASSE Supports OSHA, NIOSH and MSHA Proposed House Funding Levels
  The US House Appropriations Committee was scheduled to meet on June 14 to mark up the FY 2008 appropriations for OSHA, NIOSH and MSHA. The hearing was postponed, but ASSE took the opportunity to express support for funding levels adopted in the June 7 mark up of the Appropriations Subcommittee on Labor, Health and Human Services, Labor and Related Agencies the previous wekk. (6/13/07)
• ASSE Comments on NIOSH Roadmap for Asbestos Research (5/31/07)
• House Testimony on Public Sector OSH Coverage (5/24/07)
• Before the Senate HELP Committee’s Subcommittee on Employment and Workplace Safety, ASSE helps answer the question, “Does OSHA Work for Working People?” – (4/26/07)
• ASSE shares the views of its Environmental Practice Specialty on lead work rules in comments to EPA on Lead Renovation, Repair, and Painting Program rulemaking. (4/16/07)
• Letter to Assistant Secretary for OSHA Edwin Foulke, Jr., urging urging OSHA to update its Standard on Occupational Noise Exposure by lowering the PEL to 85 dBA TWA and adopting a 3 dB exchange rate in an updated standard. (4/02/07)
• Letter to Steve Witt, Director of OSHA's Directorate of Construction, urging consideration of recent developments in the ANSI/ASSE A10 Construction and Demolition Standard. (4/02/07)
• Letter to Secretary of Labor Elaine Chao recommending Don Jones, current Society President, to membership on NACOSH. (3/9/07)
• ASSE nominates ASSE member Jan Thomas to membership on ACCSH. (2/22/07)
• ASSE urges reappointment of Mike Hayslip, current ASSE Board member, to membership on ACCSH. (2/22/07)
• Letter to NIOSH Director John Howard expressing ASSE's support intramural NIOSH funding to support a proposed research project proposal to integrate Prevention through Design through various NIOSH activities. (2/20/07)
• On representative Charlie Norwood's passing, ASSE letter to his family expressing Society's appreciation for his meaningful commitment to advancing occupational safety and health issues in Congress. (2/14/07)
• ASSE offers various changes focused on updated standards for inclusion in the U.S. Army Corps of Engineers’ (USACE) updated Manual No. 385-1-1, “Safety - Safety and Health Requirements.” (12/21/06)
• ASSE offers testimony in support of occupational safety and health coverage for public sector workers at CSB public meeting on investigation into Bethune Point Wastewater Plan Explosion in Daytona Beach, Florida. (12/14/06)
• ASSE provides detailed comments on OSHA's Advance Notice of Proposed Rulemaking on global harmonization of hazard communications (GHS). (11/10/06)
• ASSE urges EPA to amend its draft brochure on asbestos brake/clutch work best practices to ensure that workers understand that OSHA regulations govern such work in employment settings. (10/27/06)
• ASSE urges CSB to include in its Five Year Plan increased support for staff and Board pursuit of volunteer safety and health professional certifications from BCSP and ABIH. (10/5/06)
• ASSE urges NIOSH to include representatives from ANSI safety and health standards committees in NORA Research Councils. (7/21/06)
• Comments on OSHA Advance Notice of Proposed Rulemaking (ANPRM) (2/20/07)
• ASSE urges NIOSH to involve the officers of relevant ASSE/ANSI voluntary consensus standard committeees who have volunteered to participate in NORA Research Councils. (7/21/06)
• ASSE Supports Hayslip for Reappointment to ACCSH (7/11/06)
• ASSE urges halt to DOE merger of safety and health into nuclear safety (6/8/06)
• ASSE shares ideas for moving OSHA into the future as new Assistant Secretary Ed Foulke is sworn in May 24 (5/22/06)
• Mining Practice Specialty Administrator Mike Neason provides ASSE comments on MSHA request for information on underground mine resecure equipment and technology. (3/22/06)
• ASSE provides answers to questions raised by Senators Enzi and Kennedy following March 2 testimony on mine safety before the Senate Committee on Health, Education, Labor and Pensions. (3/17/06)
• ASSE Board Member Mike Thompson provides ASSE views on the need for safety and health research at NIOSH's NORA National Town Hall Meeting (3/13/06)
• ASSE Statement US Senate Committee on Health, Education, Labor and Pensions on the state of mine safety and health given by Mike Neason, Adminstrator of ASSE's Mining Practice Specialty (3/2/06)
• ASSE expresses objection to HHS for keeping NIOSH from Congressional roundtable on mine safety. (2/23/06)
• ASSE calls for end to Impersonation of OSHA Personnel by ICE Agents (2/14/06)
• ASSE Supports Administration Appointments to Lead OSHA and MSHA (1/27/06)
• ASSE offers comments on OMB efforts to address guidance documents from federal agencies. (1/11/06)