MSHA AND OSHA RELEASE SEMI-ANNUAL REGULATORY AGENDAS

For clients and friends of Jackson Kelly PLLC
Volume 8, Number 2
©2012 Jackson Kelly PLLC

 

          On Friday, January 20, 2012, the Department of Labor (“DOL”) released its semi-annual Regulatory Agenda.  The agenda includes numerous proposed items for both the Mine Safety and Health Administration (“MSHA”) and Occupational Safety and Health Administration (“OSHA”). 

 

For MSHA:
Items in the Final Rule stage: 

• Lowering miners' exposure to coal dust, including requiring continuous personal dust monitors (however, MSHA is barred from enforcing this rule during this fiscal year by Congress);
• Requiring proximity detection systems for continuous mining machines in underground coal mines;
• Revising the existing regulation for pattern of violations contained in 30 C.F.R. Part 104; and
• Revising the existing standards for preshift, supplemental, on-shift, and weekly examinations to address violations of mandatory health or safety standards.

Items in the Proposed Rule stage: 

• A respirable crystalline silica standard;
• Development of a proposed rule to revise the process for proposing civil penalties;
• Requiring proximity detection systems for mobile machines in underground mines; and
• Notification of legal identity rule that would require operators to provide more information on the safety and health responsibilities of their corporate entities.

For OSHA:
Items in the Final Rule stage: 

• Confined spaces for the construction industry;
• Revising the standard addressing construction of electric power transmission and distribution lines;
• Walking working surfaces and personal fall protection systems for the construction industry  (Slips,  Trips, and  Fall Prevention);
• The harmonization of hazard communication labels;
• Revisions to several whistleblower regulations including, the National Transit Systems Security Act; Surface Transportation Assistance Act; Federal Railroad Safety Act; Employee Protection Provisions of the Consumer Product Safety Improvement Act (CPSIA) of 2008; Corporate and Criminal Fraud Accountability Act of 2002; Affordable Care Act; Consumer Financial Protection Act; Seaman's Protection Act; and the FDA Food Safety Modernization Act; and
• Revising the underground construction and demolition standards to make the cranes and derricks rule applicable to those activities.

Items in the Pre-Rule stage: 

• A rule requiring employers to implement an Injury and Illness Prevention Program (I2P2);
• A  review  of  the  Bloodborne  Pathogen  Standard (29  C.F.R. § 1910.1030) in accordance with the requirements of the Regulatory Flexibility Act and § 5 of Executive Order 12866;
• OSHA is considering the need for a standard to ensure that employers establish a comprehensive infection control program;
• OSHA requesting information on employee safety risks in two areas: reinforcing operations in concrete work (construction only), and fatal backovers by vehicles and equipment (all industries);
• OSHA is assessing the technological feasibility of two provisions addressing Vertical Tandem Lifts (VTLs); and
• A review of OSHA Chemical Standards.

Items in the Proposed Rule stage:

• Occupational exposure to crystalline silica;
• Proposed changes to its reporting system for occupational injuries and illnesses to improve tracking of workplace injuries and illnesses;
• Proposed changes to injury and illness recording and reporting requirements to update appendix A by replacing it with a list of industries based on the NAICS and more recent occupational injury and illness rates;
• Changing the reporting requirements of fatalities and certain injuries;
• Update to OSHA standards based on National Consensus Standards - Acetylene; and
• Update to OSHA standards based on National Consensus Standards - Personal Protection Equipment (Head Protection).

          Jackson Kelly will continue to monitor the progress of these regulatory items, and the potential effect on industry.

          This article was authored by Patrick W. Dennison, Jackson Kelly PLLC.  For more information on the author, click here.

OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado

 

Responsible Attorney
Kristin R.B. White
(303) 390-0006
kwhite@jacksonkelly.com

For more information, contact:  

Laura E. Beverage (303) 390-0003	Karen L. Johnston (303) 390-0008
R. Henry Moore (412) 434-8801	Michael T. Cimino (304) 340-1000

The Jackson Kelly PLLC Occupational Safety and Health News Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Occupational Safety and Health News Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.
 

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KRISTIN R.B. WHITE IS RESPONSIBLE FOR THE CONTENTS OF THIS ALERT.