14 OSHA Rulemaking Records Reopen After Advisory Committee Recommendations
OSHA has reopened the rulemaking records of 14 previously proposed rules that would affect provisions regarding respiratory protection in some of the agency’s substance-specific standards. This action is intended to allow public comments on the recommendations that the Advisory Committee on Construction Safety and Health (ACCSH) recently gave to OSHA regarding the proposals. Agency staff met with ACCSH on April 1 and May 19 to discuss these and other proposed rules. According to the minutes of the April 1 meeting, the 14 proposals involve OSHA’s standards on acrylonitrile, 1,2-dibromo-3-chloropropane (DBCP), vinyl chloride, benzene, formaldehyde, inorganic arsenic, lead, methylenedianiline (MDA), asbestos, cadmium, ethylene oxide, methylene chloride, 1,3-butadiene, and the 13 carcinogens standards. As of July 23, there was no new Federal Register notice providing an update about the proposed rule on benzene.
The proposed rules were published last year as part of what the Department of Labor described as “aggressive deregulatory efforts.” The May 19 meeting minutes characterize OSHA’s objective regarding these proposed changes as a way “to streamline duplicative respirator provisions by relying more consistently on OSHA’s general respiratory protection standard,” 29 CFR 1910.134.
Across the two meetings, ACCSH passed motions to recommend that OSHA not move forward with its proposed changes to the agency’s standards on acrylonitrile, DBCP, vinyl chloride, and methylene chloride. For the substances MDA, benzene, ethylene oxide, 1,3-butadiene, inorganic arsenic, cadmium, lead, asbestos, and formaldehyde, the committee voted to recommend that the agency proceed with its proposals to rely on the respiratory protection standard to determine when respirators are required. The committee also recommended that OSHA not remove the high-efficiency particulate air filter requirements from the standards for MDA, inorganic arsenic, cadmium, lead, and asbestos.
ACCSH could not reach agreement regarding its recommendations for OSHA’s proposals related to assigned-protection-factor-based respirator requirements or training requirements the agency says are duplicative.
Further details about discussions at the ACCSH meetings can be found in the minutes from April 1 and May 19.
Written comments about the proposed rules that would change aspects of 14 of OSHA’s substance-specific standards are due by Aug. 21. A list of these proposals can be found in the Federal Register.