Major Impacts on Respiratory Protection, Construction & More
On July 1, OSHA published one final rule and a number of proposed rules, most deal with respiratory protection. The Respiratory Protection Product Group will review pertinent rules. However, there are few actions that affect a wide swath of workplace safety, such as:
A final rule allows the Assistant Secretary to propose, modify or revoke a construction-related rule without approval from the Advisory Committee on Construction Safety and Health, also known as ACCSH. OSHA is doing this by removing a provision in 29 CFR 1911, which covers rules of procedure for federal standards work.
OSHA says notice and comment rule making does not apply to “interpretative rules, general statements of policy or rules of agency organization, procedures or practice.” Therefore, the action takes place immediately.
Proposed Rules
In the same Federal Register notice, OSHA is proposing to exempt the entertainment industry from the General Duty Clause, also known for its U.S. Code designation, (5)(a)(1). OSHA says that “the General Duty Clause, contains no specific delegation suggesting Congress intended OSHA to prohibit the core design of performances or sports through the general phrase like “recognized hazards.”” (90 FR 28371).
OSHA’s proposal states the General Duty Clause would not apply if “the activity is integral to the essential function of a professional or performance-based occupation.” It is possible this exemption could include working at heights, where a hazard (working on a roof) arises from an inherently risky employment activity (say, roofing, for example).
Proposed MSHA Rule
There are also a number of proposed MSHA-related rules, such as allowing the use of NIOSH-approved Powered Air Purifying Respirators (PAPRs) without requiring MSHA approval. (90 FR 28406)
ISEA will ask product group chairs and the Advocacy Committee for insights as we craft comments to this proposed rule.
In the meantime, some of OSHA proposed rule are summarized by EHS Today.
Proposed MSHA Rule
We have to be on our toes for short comment windows of significant rule changes. Some may be great opportunities for ISEA members, and others may make it harder to convince end-users to purchase certain types of PPE.
Please contact ISEA’s Senior Director of Policy Dan Glucksman with any questions or concerns. |
