ASA Monitors OSHA’s Proposed Rules

ASA, along with the Construction Industry Safety Coalition (CISC), are monitoring the following proposed OSHA rules:

• OSHA Blood Lead Level Rulemaking – On June 28, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input on its standards for occupational exposure to lead for general industry and construction. In short, OSHA issued a series of 60+ questions asking the public input on such topics as the permissible exposure limit to lead and blood lead level triggers for medical removal, return to work requirements, the method and frequency for blood lead monitoring, current practices for PPE, hygiene and training, and more. Comments were originally due on August 28th, but the deadline has since been extended to October 28th. We will continue to monitor the rulemaking as it moves through the regulatory process and deliver feedback as a coalition as needed.
• Process Safety Management Stakeholder Meeting – OSHA announced the agency will hold an informal stakeholder meeting seeking feedback on its Process Safety Management (PSM) standard on Wednesday, October 12th, from 10:00 A.M. – 4:00 P.M.  First published in 1992, the PSM standard requires employers to implement safety programs that identify, evaluate and control highly hazardous chemicals. The standard is performance-based and outlines 14 management system elements for controlling highly hazardous chemicals. Employers have the flexibility to tailor their PSM programs to the unique conditions at their facilities.
• Changes to OSHA Severe Violator Enforcement Program – In September, OSHA announced it is expanding the criteria for placement in the agency’s Severe Violator Enforcement Program. Since 2010, the Severe Violator Enforcement Program has focused on enforcement and inspection resources on employers who either willfully or repeatedly violate federal health and safety laws or demonstrate a refusal to correct previous violations. In addition to being included on a public list of the nation’s severe violators, employers are subject to follow-up inspections. The new criteria include violations of all hazards and OSHA standards and will continue to focus on repeat offenders in all industries. Previously, an employer could be in the program for failing to meet a limited number of standards. The changes will broaden the program’s scope with the possibility that additional industries will fall within its parameters. The updated program instruction replaces the 2010 instruction, and remains in effect until canceled or superseded.
• PPE in Construction Proposal under OMB Review – On September 7th, the Office of Management and Budget began its review of OSHA’s proposed rule to clarify the requirements for the fit of personal protective equipment in construction. According to the Spring 2022 Regulatory Agenda, the proposal was expected to be issued in September. We will continue to monitor the status of the proposed rule.