ISEA testified on OSHA's proposed rule for confined spaces in construction at a July 23 public hearing in Washington, DC.  The rule would require employers to determine whether there is a confined space at a job site, and whether there are hazards in the space.  Once this determination is made, the confined space would be given one of four classifications, each of which has its own set of requirements.  ISEA President Dan Shipp testified on the rule's treatment of equipment for atmospheric monitoring, and rescue and retrieval of personnel working in confined spaces.  He urged OSHA to make continuous monitoring the default requirement, as the only way to adequately protect workers.  ISEA also told OSHA that falls should be added to the list of physical hazards defined by the rule, and that mechanical devices should be used for all retrievals, not just those with a vertical distance over 5 feet.  Read the ISEA testimony here.

Respirators and facemasks do not offer the same protection, ISEA tells regulators.  ISEA submitted comments to the Department of Health and Human Services and OSHA on their guidance for use of respirators in pandemic flu.  HHS is developing interim guidance for individuals and families; OHSA is proposing guidelines for businesses.  Both agencies seek to clarify the need for facemasks and respirators.  ISEA's comments stress the difference between the two: respirators provide protection for the wearer, and facemasks protect others from an infected wearer.   Read the ISEA comments to HHS and OSHA. 

OSHA convened a public hearing December 4, 2007 on its proposed PPE rule revision.  ISEA requested the hearing as part of its challenge to the agency to rethink its PPE proposal, which would eliminate the references to ANSI and ASTM standards for eye and face, head and foot protection from its PPE rule.  In comments filed with the agency on July 16, ISEA said the proposal would potentially lower the level of protection for workers and make compliance with the PPE rule more difficult.  ISEA's comments offer an alternative approach that the association says will preserve worker protection, and give employers and OSHA flexibility to stay current with updated product standards. 

Witnesses at the hearing represented ISEA and member companies Jackson Safety, 3M, MSA and Sperian Preotection.  Aearo Technologies and Safety Optical Service were also represented.  Other witnesses were from ASSE, the AFL-CIO and a panel representing building and construction trade unions.  Here are links to additional documents:

• OSHA announcement of the proposal
• OSHA Federal Register notice (5/17/07)    Text   PDF
• OSHA Federal Register notice of hearing (8/31/07)  Text   PDF
• ISEA's comments
• ISEA's news release
• ISEA testimony at the December 4 hearing
• on-line docket to track comments    

ISEA has long advocated updating references to consensus standards in OSHA regulations, though not in the form proposed by the agency.   ISEA's comments to OSHA in 2004 identified needed updates in references to ANSI standards for eye and face protection, head protection, and first aid. 

OSHA has published its employer-pay for PPE rule.  First proposed in 1999, rule established that employers will have to supply PPE that is required by OSHA standards, with exceptions for certain items such as prescription safety glasses, some safety footwear, logging boots and "ordinary" clothing worn at work.  ISEA testified in favor of the rule when it was first proposed, and submitted comments when the docket was reopened in 2004.  There's more information, including links to primary sources, here.

The Federal Highway Administration has published a final rule that requires all workers on Federal-aid highways to wear high-visibility apparel that meets ANSI/ISEA 107-2004.  This includes construction and maintenance crews, surveyors and utility crews, incident responders including law enforcement personnel, and anyone else whose duties put them on the Federal highway right-of-way. 

ISEA submitted comments to OSHA on the Agency’s proposed rule on Electric Power Generation, Transmission, and Distribution. This is a sweeping proposal focused on the construction of electrical power generation plants and transmission lines, and on the maintenance and repair of such facilities. It covers a number of areas including fall protection, payment for PPE, and the use of national consensus standards. Read the comments here.

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