Lots of changes for OSHA in latest regulatory program

WASHINGTON — Several potential OSHA standards have advanced to the legislative phase, according to the Department of Labor’s spring 2024 regulatory schedule, released July 5.

The agenda – typically published by the White House Office of Information and Regulatory Affairs twice a year – provides status and projected dates for all potential rulemakings listed in three phases: pre-regulation, proposed regulation, and final regulation.

Two of these potential standards have advanced to the final rule stage from the proposed rule stage. One is intended to clarify requirements for the fit of personal protective equipment in construction. The other is intended to update the standard for powered industrial trucks to the 2018 version of the ANSI PIT standard from the 1969 version.

“This rule will incorporate by reference the provisions of the consensus standards for the design and construction of powered industrial trucks,” OSHA writes, “and is a continuation of OSHA’s ongoing efforts to update the references to consensus standards published by standards development organizations.”

The agency has a new entry in the proposed rulemaking process: “REDON Rapid Fit Test Protocol: Revision to Annex A of the Respiratory Protection Standard.” The proposal stems from OSHA’s request for approval of a new quantitative fit test.

“The proposed Rapid REDON protocol is a modified version of the existing REDON protocol that would eliminate the 30-second durations for two of the proficiency test exercises (looking forward and leaning) and would also eliminate the need for a second respirator donning, reducing the overall time required to complete the proficiency test,” OSHA explained.

Soon, the agency’s proposed rules to prevent heat-related illness in indoor and outdoor workplaces moved beyond the pre-regulation stage. On July 2, the agency released a draft proposal.

Also moving from the pre-regulation stage to the proposed regulation stage are: the standard on workplace violence in healthcare and social care facilities, and the standard on process safety management to prevent serious chemical incidents.

The shipyard fall protection standard has moved from the “long-term action” stage to the proposed rulemaking stage. Meanwhile, the mechanical press update has moved from the pre-rulemaking stage to the “long-term action” stage, meaning OSHA won’t work on the rulemaking for at least six months.

In the case of the Mining Occupational Health and Safety Administration, there are two entries on the list of regulatory tasks.

“Alternatives to Petition to Modify: Unacceptable Measuring Equipment” remains in the proposed rulemaking stage. “Testing, Evaluation, and Approval of Electric Motor-Driven Mining Equipment and Accessories” is still in the final rulemaking stage.

The agency has published two final rules since it released its fall 2023 rulemaking program Dec. 8. One, issued in late December, required mine operators to have a written safety program for mobile surface equipment, excluding belt conveyors.

In April, MSHA updated permissible exposure limits for silica.