OSHA Releases Ambitious Regulatory Agenda for 2011

In late December, the Occupational Safety and Health Administration (OSHA) issued its semiannual regulatory agenda for 2011. Included on the agenda are 14 final rules and five proposed rules that the agency expects to move forward through the rulemaking stages over the next year. The sheer volume of possible regulatory activity is in keeping with the agency’s renewed focus on rulemaking and enforcement.

OSHA’s top priority is developing a rule requiring all employers to implement an Injury and Illness Prevention Program (known as I2P2). The program would require employers to find and fix hazards, and plan, implement, evaluate, and improve workplace processes and activities. Industry is concerned that the proposal will force many employers to make expensive changes in their procedures. OSHA officials argue that the implementation of these types of programs would dramatically reduce the number and severity of workplace injuries. The agency plans to convene a small business panel in June 2011. This provides the opportunity for small businesses to comment on the substance of the proposal, as well as costs, before a formal rule is announced.

Other key regulatory items that will impact metalcasters include:

• Crystalline Silica—OSHA plans to issue proposed rules governing the occupational exposure to crystalline silica. We anticipate that the agency will propose cutting the current PEL in half. This proposed rule is scheduled to be issued by April 2011.
  
• Combustible Dust—OSHA intends to initiate a small business panel for the proposed combustible dust rule in April 2011. The agency already has in place a national inspection program which targets facilities that handle/process metal dusts such as aluminum, including aluminum metalcasting facilities.
  
• Musculoskeletal Disorders—OSHA expects to issue by February 2011 a final rule amending the occupational injury and illness recording and reporting requirements to include a Musculoskeletal Disorders (MSD) Column on the 300 Log. OSHA believes the addition of an MSD column will improve occupational injury and illness record keeping. Many industry groups opposed the proposal, which it considers a first step toward an ergonomics standard.
  
• Backing Operations—OSHA has initiated a rulemaking on backing operations to prevent injuries and fatalities that occur when equipment is backing up. According to the agency agenda, backing accidents cause 500 deaths and 15,000 injuries a year. This action is in the pre-rule stage, with a request for information expected in May 2011.
  
• Hazard Communication Standard (HCS)—This rule will require chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and associated protective measures to users of the chemicals. It is expected to become a final rule in August 2011.
  
• Occupational Injury and Illness Recording and Reporting Requirements—The proposed rule to modernize OSHA’s reporting system is scheduled for a September 2011 proposal. OSHA argues that “The collection of specific injury and illness data in electronic format on a timely basis is needed to help OSHA, employers, employees, researchers, and the public more effectively prevent workplace injuries and illnesses.” OSHA has postponed this action.

AFS will be submitting comments and actively participating in the rulemaking process on Crystalline Silica, Injury and Illness Prevention Program and Combustible Dust Rule. A copy of OSHA’s regulatory agenda is available at http://www.dol.gov/osha/regs/unifiedagenda/main.htm