DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR CH. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual agenda of regulations selected for review ordevelopment.

SUMMARY: This document sets forth the Department's semiannual agendaof regulations that have been selected for review or development during thecoming year. The agenda complies with the requirements of both ExecutiveOrder 12866 and the Regulatory Flexibility Act. The agenda lists allregulations that are expected to be under review or development between April1994 and April 1995, as well as those completed during the past 6 months.

FOR FURTHER INFORMATION CONTACT: Roger Rodriguez, AssociateAssistant Secretary, Office of the Assistant Secretary for Policy, U.S.Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC20210, (202) 219-6197.

Note: Information pertaining to a specific regulation can beobtained from the agency contact listed for that particular regulation.

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the RegulatoryFlexibility Act require the semiannual publication in the FederalRegister of an agenda of regulations. The Regulatory Flexibility Actbecame effective on January 1, 1981, and applies only to regulations forwhich a notice of proposed rulemaking was issued on or after that date. Itrequires the Department of Labor to publish an agenda listing all theregulatyions it expects to propose or promulgate that are likely to have a"significant economic impact on a substantial number of small entities" (5U.S.C. 602). Executive Order 12866 became effective September 30, 1993, andin substance, requires the Department of Labor to publish an agenda listingall the regulations it expects to have under active consideration forpromulgation, proposal, or review during the coming 1-year period.

As permitted by law, the Department of Labor is combining the publication ofits agenda under the Regulatory Flexibility Act and Executive Order 12866.

All interested members of the public are invited and encouraged to letdepartmental officials know how our regulatory efforts can be improved and,of course, to participate in and comment on the review or development of theregulations listed on the agenda.

Robert B. Reich,
Secretary of Labor.

DEPARTMENT OF LABOR (DOL) Proposed RuleStage

Occupational Safety and Health Administration (OSHA)

2246. RESPIRATORY PROTECTION

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.134; 29 CFR 1915.152; 29 CFR 1918.102; 29CFR 1926.103

Legal Deadline: None

Abstract: The present respiratory protection standards have been inplace for more than 10 years and do not take into consideration the currentstate-of-the-art for respiratory protection. In addition, the generalindustry standard for respirators contains redundancies and includes severaladvisory provisions which should be eliminated or changed. OSHA has reviewedthe current standards and intends to propose revisions. In developing thisproposal, OSHA has been working closely with the National Institute ofOccupational Safety and Health (NIOSH) and the Mine Safety and HealthAdministration (MSHA).

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms Department of Labor, Occupational Safety and Health Administration,200 Constitution Ave. NW., Rm N3718, FP Bldg., Washington, DC 20210, 202219-7075

RIN: 1218-AA05

2247. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) ANDMARINE TERMINALS (PART 1917)

Legal Authority: 29 USC 655 Occupational Safety and Health Act of1970; 33 USC 941 Longshore and Harborworkers Compensation Act

CFR Citation: 29 CFR 1910.16; 29 CFR 1918 (Revision); 29 CFR 1917(Revision and Corrections)

Legal Deadline: None

Abstract: The purpose of this regulatory action would be to updateand revise a standard first issued in 1960. The current language in manyinstances addresses the hazards of cargo handling involving methods longsince abandoned, and fails to address the serious hazards of newer methods.Because much of the current standard is out of date, there are problems withcompliance. These revised requirements will provide both employers andemployees with a blueprint for effective and safe work practices in the cargohandling industry. No alternative other than revision is contemplated. Theannual cost of the revision is expected to be minimal -- less thantwenty-five million dollars. In conjunction with the above regulatory action,the Marine Terminal Standard, Part 1917, will be revised to conform withchanges made to Part 1918). Corrections to Part 1917 will also be made atthis time.

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected: 44 Water Transportation

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605 FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA56

2248. STEEL ERECTION (PART 1926)

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 40 USC 333

CFR Citation: 29 CFR 1926.750 (Revision); 29 CFR 1926.751 (Revision);29 CFR 1926.752 (Revision)

Legal Deadline: None

Abstract: In the December 29, 1992, Federal Register, OSHAannounced its intention to form a Negotiated Rulemaking Advisory Committee tonegotiate issues associated with a revision to the existing steel erectionstandard. Four of the primary issues to be negotiated include the need toexpand the scope and application of the existing standard; constructionspecifications and workplaces; written construction safety erection plans;and fall protection. Comments on forming the committee and nominations forrepresentation on the committee were due by March 29, 1993.

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA65

2249. MEDICAL SURVEILLANCE PROGRAMS FOR EMPLOYEES

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Section 6(b) of the Act requires, where appropriate,provisions for medical surveillance in each 6(b) rulemaking for a harmfulsubstance. A generic standard for medical surveillance would satisfy therequirements of the Act for future standards promulgated under paragraph(6)(b) of the Act, thus making available resources to deal with substantiveissues. OSHA has collected considerable useful information as a result of theadvance notice of proposed rulemaking published on September 27, 1988 (53 FR37595). OSHA has also consulted with the Department of Health and HumanServices, and is making full use of the expertise within the NationalInstitute for Occupational Safety and Health to develop specific criteria tobe used to determine when and what medical surveillance intervention may beappropriate. Medical surveillance requirements in existing standards, such ascoke ovens will be addressed in this rulemaking.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202219-7075

RIN: 1218-AB00

2250. EXPOSURE ASSESSMENT PROGRAMS FOR EMPLOYEES EXPOSED TO HAZARDOUSCHEMICALS

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: Section 6(b)(7) of the Act requires, where appropriate,provisions for exposure monitoring for substances regulated by OSHA. OSHAdoes not have exposure monitoring provisions in the air contaminantsstandards (29 CFR 1910.1000). A generic standard for exposure assessmentwould satisfy the monitoring requirements of the Act, thus enabling theAgency to provide relevant protection for workers covered by the aircontaminants standard OSHA published an Advance Notice of Proposed Rulemakingon September 27, 1988 (53 FR 37591). OSHA intends to publish a Notice ofProposed Rulemaking by July 1995.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202219-7075

RIN: 1218-AB01

2251. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904.1

Legal Deadline: None

Abstract: Concerns about the reliability and utility of injury andillness data have been raised by Congress, OSHA, NIOSH, BLS, the NationalAcademy of Sciences, OMB, the General Accounting Office and representativesof business and labor. The revision of the regulations, forms, and associatedinterpretive material are being undertaken to simplify the injury and illnessrecordkeeping system. OSHA is currently working on this project and has notcollected sufficient information to determine the effect on paperwork burden.Benefits will include: (1) A system that is easier for employers, employeesand government personnel to use; (2) increased reliability and utility of therecords; (3) comprehensive records of the injury and illness experience at agiven site will be available; and (4) employee involvement and awareness insafety and health matters will be enhanced.

Small Entities Affected: Businesses, Governmental Jurisdictions,Organizations

Government Levels Affected: State, Local

Sectors Affected: All

Agency Contact: Stephen A. Newell, Director, Office of Statistics,Department of Labor, Occupational Safety and Health Administration, 200Constitution Avenue NW., Room N3507, FP Building, Washington, DC 20210,202 219-6463

RIN: 1218-AB24

2252. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE OPERATIONS(PART 1910)

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b); PL 101-549 (November 15, 1990); 5 USC552(a); 5 USC 533

CFR Citation: 29 CFR 1910.121, subpart H

Legal Deadline: None

Abstract: Public Law 99-499 established the criteria under which OSHAdeveloped and promulgated 29 CFR 1910.120, Hazardous Waste Operations andEmergency Response (HAZWOPER). 29 CFR 1910.120 was published March 9, 1989,and became effective one year later. Section 126 of Public Law 99-499 waslater revised to require OSHA to also develop a training accreditationprogram for the training programs required in paragraphs (e) and (p) of1910.120. OSHA has been developing that accreditation program based upon theinitial public record of comments on its proposed accreditation program andadditional public comments received in response to a limited reopening of thepublic record in 1992. The limited reopening of the public record allowedadditional public comment on an effectiveness of training study conducted byOSHA. OSHA continues to develop and refine the regulatory text for the finalrule as well as consideration of concurrently issuing a proposal to addressaccreditation of emergency response training (paragraph (q) of 1910.120). Inaddition non-mandatory guidelines are being developed for the Hazardous WasteOperations Rule 1910.120) to further address minimum training criteria.(CONT)

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

Additional Information: ABSTRACT CONT: We are also developing thelogistics necessary for receiving and accrediting the large number oftraining programs expected to be submitted to the Agency for accreditation.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Bldg, Washington, DC 20210,202 219-8061

RIN: 1218-AB27

2253. CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT) - CONSTRUCTION (PART1926)

Significance: Subject to OMB review: Undetermined Economicallysignificant: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: Hazards at construction sites resulting from the absence ofeffective lockout/tagout procedures to control hazardous energy appear to becaused by several factors, all associated with the nature of the constructionindustry. These factors basically relate to such considerations as the typesof machines and equipment found in construction; the makeup of the industryin which employment is relatively "short term," lasting only as long as thelength of the current project; the presence of multiple employers havingdifferent employer/employee relationships and the temporary nature of the"in-the-field" maintenance activity. The Occupational Safety and HealthAdministration (OSHA) expects the proposal to address lockout-related hazardsin those construction work-site areas in which the available data indicatethese hazards to be major. Regulatory options involve developing acomprehensive standard covering all potentially hazardous energy sources.OSHA will consider the use of the construction advisory committee to assistin the development of this standard.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB30

2254. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING

Significance: Subject to OMB review: Undetermined Economicallysignificant: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.178

Legal Deadline: None

Abstract: Nationally, fatalities due to unsafe operation ofindustrial vehicles and equipment account for approximately 12 percent of theprivate sector fatalities. This is the second leading cause of fatalities inthe private sector, behind only highway vehicle fatalities. The presentstandard has proven to be ineffective in reducing the number of accidentsinvolving powered industrial trucks. OSHA intends to revise the presentstandard to increase its effectiveness by requiring, in performance language,initial and refresher training as necessary. The frequency of the refreshertraining will be based upon the ability of the vehicle operator to retain theknowledge, skills and abilities to perform the job safely. OSHA will alsogive guidance as to what information the instruction should include. Therewill also be other amendments to the standard to increase its effectiveness.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB33

2255. ERGONOMIC SAFETY AND HEALTH STANDARDS

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: The Bureau of Labor Statistics (BLS) has reported thenumber of reported "disorders associated with repeated trauma" have more thantripled since 1984. These serious, potentially crippling disorders accountfor 60 percent of all occupational illnesses reported to OSHA in 1991. OSHApublished an Advance Notice of Proposed Rulemaking (ANPR) on August 3, 1992(57 FR 34192). A six-month comment period ended February 1, 1993. OSHAreceived about 266 comments. The Agency is currently in the process ofanalyzing these submissions, as well as available scientific literature andenforcement data. In addition, OSHA conducted a telephone survey of firms tocollect more information about current programs in industry addressingproblems related to ergonomics. All information available to OSHA will beused to determine how to proceed in addressing these issues.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Barabara Silverstein, Special Assistant forErgonomic Programs, Department of Labor, Occupational Safety and HealthAdministration, 200 Constitution Avenue NW., Room S2316, FP Building,Washington, DC 20210, 202 219-6027

RIN: 1218-AB36

2256. INDOOR AIR QUALITY IN THE WORKPLACE

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655

CFR Citation: 29 CFR Not yet determined

Legal Deadline: None

Abstract: Health complaints related to indoor air quality (IAQ) haveincreased significantly following energy conservation measures instituted inthe 1970's. Such measures have reduced the infiltration of outside air,allowing the build-up of indoor air contaminants. Adverse health effectsassociated with indoor air contaminants are classified as: (1) sick buildingsyndrome which is characterized by general complaints that may includeheadaches, fatigue, nausea, mucous membrane (eye, nose, and throat)irritation, coughs, and muscle pain; and (2) building-related illness whichdescribes those specific medical conditions of known etiology which can oftenbe documented by physical signs and laboratory findings. These includerespiratory allergies and Legionnaires' disease. A particular concern withmatters dealing with indoor air quality is exposure to passive tobacco smoke(PTS). A wide range of health effects caused by PTS have been reported by theSurgeon General, the National Research Council, the Environmental ProtectionAgency (EPA), NIOSH, and private researchers, as well as by citizensreporting health effects due to PTS exposure while at work. (CONT)

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: These effects range from acuteannoyance and eye and respiratory tract irritation to the development ofchronic pulmonary disease, cardiovascular diseases, and lung cancer. OSHApublished a request for information on Indoor Air Quality September 20, 1991(56 FR 47892). Comment period was extended to March 20, 1992. More than 1,200comments were received. The Agency is reviewing all relevant information,including these comments and a recent EPA report on passive tobacco smoke,and is making a determination as to how to proceed.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB37

2257. CRANE SAFETY

Significance: Subject to OMB review: Undetermined Economicallysignificant: Undetermined

Legal Authority: 29 USC 655(b); 40 USC 333; 33 USC 941

CFR Citation: 29 CFR 1926.550; 29 CFR 1926.552; 29 CFR 1926.553; 29CFR 1926.554; 29 CFR 1926.556; 29 CFR 1910.67; 29 CFR 1910.179; 29 CFR1910.180; 29 CFR 1919.181

Legal Deadline: None

Abstract: The present crane regulations for construction and generalindustry have not been revised since being promulgated in 1971. They relyheavily on outdated 1968 ANSI standards. OSHA has received comments that theexisting provisions are inadequate and need revision to reflect currentconditions and equipment. It has also been suggested that there is need toestablish additional crane installation and use provisions, includingpossible certification programs for crane operators and riggers. OSHAanticipates that this project will come about in several phases due to themagnitude of the project.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB38

2258. ABATEMENT VERIFICATION

Legal Authority: 29 USC 657; 29 USC 658; 5 USC 553

CFR Citation: 29 CFR 1903

Legal Deadline: None

Abstract: A critical element of OSHA's comprehensive enforcementstrategy under the Occupational Safety and Health act is assurance thatemployers have abated hazards cited during inspections. Currently, unless anemployer voluntarily complies with OSHA's request to submit documentation,OSHA has no proof of hazard abatement without conducting a followupinspection. From 1972 to the present, OSHA has implemented severaladministrative measures to induce employers to provide abatementdocumentation, but some 30 percent of cited employers still do notvoluntarily do so. OSHA's internal audits, the Department of Labor'sInspector General, and the General Accounting Office have pointed out thisdeficiency. The regulation OSHA now proposes will require cited employers toprovide hazard abatement documentation. The NPRM will address the kinds ofevidence to be required, what notice to employees is needed, potentialpenalties for non-reporting, possible certification forms for compliance, andother questions. OSHA estimates that the economic impact of this regulationon employer products and product prices will be insignificant.

Small Entities Affected: Undetermined

Government Levels Affected: State

Sectors Affected: All

Analysis: Regulatory Flexibility Analysis

Agency Contact: Raymond E. Donnelly, Director, General IndustryCompliance Assistance, Department of Labor, Occupational Safety and HealthAdministration, 200 Constitution Avenue NW., Room N3119, FP Building,Washington, DC 20210, 202 219-8041

RIN: 1218-AB40

2259. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Significance: Subject to OMB review: Undetermined Economicallysignificant: Undetermined Regulatory Plan entry: Undetermined

Legal Authority: 29 USC 655

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: OSHA has long recognized the utility of comprehensivesafety and health programs, and adopted non-mandatory guidance for safety andhealth program management on January 26, 1989 (54 FR 3904). These guidelineswere based on a distillation of safety and health management practices usedby employers that have implemented successful comprehensive programs. Themajor elements OSHA has identified in the guidelines for effectiveoccupational safety and health programs are: (1) management commitment andemployee involvement; (2) worksite analysis to anticipate and prevent harmfuloccurrences; (3) hazard prevention afforded employees; and (4) safety andhealth training. Successfully implemented programs generally have a lowerincidence of occupationally-related illnesses and injuries. In particular,OSHA has found that companies that have implemented comprehensive safety andhealth programs and are participating in its Voluntary Protection Programhave lost-workday case rates that range from one-fifth to one-third the ratesexperienced by average worksites within their industrial classification. Inaddition, (CONT)

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: ABSTRACT CONT: participating sites reportedimproved employee morale and productivity as a secondary benefit of theirsafety and health management activities. OSHA plans to publish a notice ofproposed rulemaking that will address the need for all employers to developand implement a safety and health program for all their workplaces. OSHA willbe raising additional issues related to safety and health programs as theypertain to small businesses. Those with 10 or fewer employees and otherissues as part of the rulemaking process.

Agency Contact: Thomas J. Shepich, Director, Directorate of SafetyStandards Programs, Department of Labor, Occupational Safety and HealthAdministration, 200 Constitution Avenue NW., Room N3605, FP Building,Washington, DC 20210, 202 219-8061

RIN: 1218-AB41

2260. * OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: Not yet determined

CFR Citation: 29 CFR 655(b); 29 CFR 657

Legal Deadline: None

Abstract: On July 19, 1993 the Oil, Chemical, and Atomic WorkersInternational Union (OCAW) and Public Citizen's Health Research Group (HRG)petitioned for an emergency temporary standard (ETS) to lower the permissibleexposure limit (PEL) for hexavalent chromium compounds (CrVI) to 0.5micrograms of hexavalent chromium per cubic meter of air (ug/m3) as an eighthour, time weighted average (TWA). The current PEL is 100 ug/m3, as an 8-hourtime-weighting average. Occupational exposure to hexavalent chromium is knownto cause lung cancer, bronchial asthma, nasal septum septum perforations,skin ulcers, and irritative dermatitis, CrVI includes chromic acid,chromates, lead chromate, and zinc chromate, all measured as CrO3. Thecurrent PEL for hexavalent chromium (CrVI) is 100ug/m3. OSHA thoroughlyreviewed the petition. While OSHA agrees that there is clear evidence thatexposure to CRVI at the current PEL of 100 ug/m3 can result in significantrisk of lung cancer and other CrVI-related illnesses, based on the Agency'sanalysis, OSHA finds that the currently available data are not sufficientlydefinitive in certain critical area to (CONT)

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: support the need for an ETS,particularly in light of the extremely stringent statutory criteria forissuing and sustaining such action. Therefore, OSHA is denying the petitionfor an ETS and has begun Section 6(b) rulemaking action for occupationalexposure to CRVI.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB45

2261. * OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: On August 25, 1993, OSHA was petitioned by the LaborCoalition to Fight TB in the Workplace to initiate rulemaking for a permanentstandard to protect workers against occupational transmission of tuberculosis(TB). Although the Centers for Disease Control and Prevention (CDC) havedeveloped recommendations for controlling the spread of tuberculosis inseveral work settings (correctional institutions, health-care facilities,homeless shelters, long-term care facilities for the elderly, and drugtreatment centers), the petitioners stated that in every recent TB outbreakinvestigated by the CDC non-compliance with CDC's TB control guidelines wereevident. After reviewing the available information, OSHA has preliminaryconcluded that significant risk of occupational transmission of tuberculosisdoes exist for some workers and has decided to initiate a standard 6(b)rulemaking. The Agency is currently developing a proposed rule which wouldrequire certain employers to take steps to eliminate or minimize employeeexposure to TB. OSHA already regulates to biological hazard of bloodbornepathogens under 29 CFR 1910.1030 and believes that development of a TDstandard is (CONT)

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: consistent with the Agency'smission and previous activity.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB46

2262. * CONFINED SPACES FOR CONSTRUCTION (PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: OSHA has recently promulgated a final rule coveringpermit-required confined spaces for general industry (Part 1910). There is nocomparable standard for the construction industry at this time. Thisrulemaking is necessary to assure the safety and health of constructionemployees who are required to perform work in confined spaces and who are notadequately protected at the present time.

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB47

2263. * MISCELLANEOUS AMENDMENTS TO THE SAFETY STANDARDS FOR THECONSTRUCTION INDUSTRY (PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1916.31(a); 29 CFR 1926.28; 29 CFR 1926.1; 29CFR 1926.16; 29 CFR 1926.1050(a); 29 CFR 1926.1053(a)(6)(i); 29 CFR1926.1050(b)

Legal Deadline: None

Abstract: This regulatory action will correct several relativelyminor problems with the construction safety standards. Some examples of suchproblems are: (1) an inability to enforce the voluntary provisions ofconsensus standards, (2) a general personal protective equipment requirementthat cannot be enforced unless a specific requirement exists elsewhere in thestandards, (3) ambiguity about the application of certain subparts of theconstruction safety standards that are intended to apply to only Federal andFederally financed or Federally-assisted construction projects and not toother projects, (4) ambiguity about the application of the stairways andladders standards to scaffolds, (5) any other problems of a similar magnitudethat are discovered during the development of the NPRM.

Small Entities Affected: Undetermined

Government Levels Affected: None

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB48

2264. * GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.1 et seq; 29 CFR 1915.31 et seq; 29 CFR1915.91 et seq; 29 CFR 1915.111 et seq; 29 CFR 1915.131 et seq; 29 CFR1915.161 et seq; 29 CFR 1915.171 et seq; 29 CFR 1915.181; 29 CFR 1910.13 etseq; 29 CFR 1910.14; 29 CFR 1910.15; 29 CFR 1910.95; 29 CFR 1910.96; 29 CFR1910.97; 29 CFR 1910.141;...

Legal Deadline: None

Abstract: In the late 1980's OSHA embarked on a project to update andconsolidate the varying OSHA standards that were being applied in theshipbuilding, shiprepair, and shipbreaking industry. A shipyard employer wassubject to both the "shipyard" standards that applied only to shipboardhazards and OSHA's general industry standards for landside operations. Thisresulted in inconsistent, and sometimes contradictory, requirements foressentially the same operation. Consequently, OSHA, with the maritimecommunity's full support, initiated a regulatory action in November 1988,categorized as Phase I, aimed at establishing a truly vertical standard forshipyard employment. This notice (53 FR 48092) addressed six subparts of theshipyard employment safety standards (Confined Spaces-B, Welding-D,Access/Egress-E, Personal Protective Equipment-I, Fall Protection-M, andScaffolding-N). The remaining subparts were categorized as part of Phase IIof the consolidation project. It was during this phase that OSHA madeextensive use of the Shipyard Employment Standards Advisory Committee, anadvisory committee that was chartered in 1989 with a mission of updating and(CONT)

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: consolidating the existingstandards that were being applied in the shipyard industry. This regulatoryaction represents one of the initial subparts that will be proposed underPhase II. This proposal, Subpart F - General Working Conditions, willconsolidate and update the provisions of 29 CFR 1910 (General Industry) and29 CFR 1915 (Shipyard Employment) into one comprehensive Part 1915 that willapply to all activities and areas in shipyards. The operations that areaddressed in this subpart relate to: housekeeping, illumination, sanitation,and first aid.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB50

2265. * FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.1 et seq; 29 CFR 1915.31 et seq; 29 CFR1915.91 et seq; 29 CFR 1915.111 et seq; 29 CFR 1915.131 et seq; 29 CFR1915.161 et seq; 29 CFR 1915.171 et seq; 29 CFR 1915.181; 29 CFR 1910.13 etseq; 29 CFR 1910.14; 29 CFR 1910.15; 29 CFR 1910.95; 29 CFR 1910.96; 29 CFR1910.97; 29 CFR 1910.141;...

Legal Deadline: None

Abstract: In the late 1980's, OSHA embarked on a project to updateand consolidate the varying OSHA standards that were being applied in theshipbuilding, shiprepair, and shipbreaking industry. A shipyard employer wassubject to both the "shipyard" standards that applied only to shipboardhazards and OSHA's general industry standards for landside operations. Thisresulted in inconsistent, and sometimes contradictory, requirements foressentially the same operation. Consequently, OSHA, with the maritimecommunity's full support, initiated a regulatory action in November 1988,categorized as Phase I, aimed at establishing a truly vertical standard forshipyard employment. This notice (53 FR 48092) addressed six subparts of theshipyard employment safety standards (Confined Spaces-B, Welding-D,Access/Egress-E, Personal Protective Equipment-I, Fall Protection-M, andScaffolding-N). The remaining subparts were categorized as part of Phase IIof the consolidation project. It was during this phase that OSHA madeextensive use of the Shipyard Employment Standards Advisory Committee, anadvisory committee that was chartered in 1989 with a mission of (CONT)

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: updating and consolidating theexisting standards that were being applied in the shipyard industry. Thisregulatory action represents one of the initial subparts that will beproposed under Phase II. This proposal, Subpart P - Fire Protection inShipyard Employment, will consolidate and update the provisions of 29 CFR1910 (General Industry) and 29 CFR 1915 (Shipyard Employment) into onecomprehensive Part 1915 that will apply to all activities and areas inshipyards. The operations that are addressed in this subpart relate to: firebrigades, fire extinguishes, sprinkler systems, detection systems, alarmsystems, and emergency plans.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB51

DEPARTMENT OF LABOR (DOL) Final RuleStage

Occupational Safety and Health Administration (OSHA)

2266. FALL PROTECTION (PART 1926)

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926.104; 29 CFR 1926.105; 29 CFR 1926.500; 29CFR 1926.501; 29 CFR 1926.502; 29 CFR 1926.107(b); 29 CFR 1926.250(b)(2); 29CFR 1926.651(t); 29 CFR 1926.951(b)(4)(i); 29 CFR 1926.107(c); 29 CFR1926.107(f); 29 CFR 1926.651(w)

Legal Deadline: None

Abstract: The existing standard has been proposed for revisionbecause it is poorly formatted, contains unnecessary and restrictiveprovisions, and does not properly address the fall protection needs ofcertain areas and operations. The proposal raises several significant issuesincluding (1) when fall protection systems must be installed, (2) whetherwork surface inspections are necessary to insure adequate structuralintegrity before commencing work, and (3) whether body belt systems or bodyharness systems are appropriate for use as fall protection. (Subpart Mrevised)

Small Entities Affected: None

Government Levels Affected: None

Additional Information: This agenda entry is part of RegulatoryProgram RIN 1218-AB05; Elevated Surfaces (Part 1926).

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,Rm N3605, FPBldg, 200 Constitution Ave. NW., Washington, DC 20210, 202219-8061

RIN: 1218-AA37

2267. SCAFFOLDS (PART 1926)

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926.451; 29 CFR 1926.452; 29 CFR 1910.28; 29CFR 1910.29; 29 CFR 1926.752(k)

Legal Deadline: None

Abstract: The existing standard has been proposed for revisionbecause it is poorly formatted, contains unnecessary and restrictiveprovisions, and omits necessary specific coverage for certain types ofscaffolds. The proposal raises several significant issues including: (1) theuse of crossbraces as guardrails, (2) the use of fall protection duringscaffold erection and dismantling operations, and (3) the role of engineersin scaffold design. (Subpart L, revised)

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: This agenda entry is part of RegulatoryProgram RIN 1218-AB05; Elevated Surfaces (Part 1926).

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA40

2268. LOGGING OPERATIONS (PART 1910)

Significance: Subject to OMB review: Undetermined Economicallysignificant: Undetermined

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.266 (Revision)

Legal Deadline: None

Abstract: Logging is a very hazardous industry. It has an incidencerate nearly twice that of manufacturing, and reflecting the seriousness ofthe injuries incurred, a lost workday rate nearly four times as high. Thepurpose of the standard will be to protect workers from the ever-presenthazards of chain saw operation, falling objects (trees, branches), rolling orsliding logs, falls from trees, and materials handling accidents. At presentthere is no OSHA standard specifically applicable to logging in general.There is a standard, 29 CFR 1910.266, applicable only to pulpwood logging;however, pulpwood logging is estimated to account for less than half of thelogging activity in the United States. Development of a national OSHAstandard addressing all types of logging will provide coverage for thoseloggers not now protected. The new regulation will provide coverage wherethere is no approved state regulation and will set a minimum safety level forthose states that chose to develop a state regulation.

Small Entities Affected: Undetermined

Government Levels Affected: None

Sectors Affected: 24 Lumber and Wood Products, Except Furniture

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA52

2269. SCAFFOLDS IN SHIPYARDS (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.71; 29 CFR 1910.28; 29 CFR 1910.29

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyardstandards covering scaffolds and will consolidate all related and applicable29 CFR part 1910 provisions into 29 CFR part 1915. The revision will develop,in part, performance-oriented standards, address current gaps in coverage,address new technology, and eliminate outmoded and redundant provisions.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions underconsideration: 29 CFR 1910.28 - 1910.29.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA68

2270. ACCESS AND EGRESS IN SHIPYARDS (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.72; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR1915.76

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyardstandards covering access and egress and will consolidate all related andapplicable 29 CFR part 1910 provisions into 29 CFR Part 1915. The revisionwill develop, in part, performance-oriented standards, address current gapsin coverage, address new technology, and eliminate outmoded and redundantprovisions.

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: Applicable part 1910 provisions underconsideration: 29 CFR 1910.24-1910.27; 29 CFR 1910.36-1910.37.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA70

2271. PERSONAL PROTECTIVE EQUIPMENT IN SHIPYARDS (PART 1915)

Significance: Economically significant: Undetermined

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.151; 29 CFR 1915.152; 29 CFR 1915.153; 29CFR 1915.154; 29 CFR 1915.155; 29 CFR 1915.156; 29 CFR 1915.157; 29 CFR1915.158; 29 CFR 1915.159

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyardstandard covering personal protective equipment. The revision will develop,in part, a performance-oriented standard, address current gaps in coverage,recognize new technology, and eliminate outmoded or redundant provisions. Itwill consolidate 29 CFR part 1915 standards and applicable 29 CFR part 1910standards into one set of provisions.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions underconsideration: 29 CFR 1910.132-1910.137.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Ave. NW., Rm N3605, FP Bldg., Washington, DC 20210, 202219-8061

RIN: 1218-AA74

2272. 1,3-BUTADIENE

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1000 (Table Z-1); 29 CFR 1910.1051

Legal Deadline: None

Abstract: On October 10, 1985, EPA referred 1,3-butadiene (BD) toOSHA for possible regulatory action under section 9(a) of the Toxic SubstanceControl Act. On April 11, 1986, OSHA responded to the EPA referral indicatingthat the Agency has preliminarily concluded that BD poses risk to theoccupationally exposed population at the current OSHA permissible exposurelimit and that the risk can be reduced or prevented through the promulgationof a revised standard. On October 1, 1986 (51 FR 35003), OSHA published anANPRM initiating regulatory action within the meaning of section 9(a) ofTSCA. Comments were submitted to OSHA by December 30, 1986. Based on thecomments received in response to the ANPRM OSHA developed a proposal whichwas published on August 10, 1990. Hearings were held in Washington, D.C. onJanuary 15, 1991, and in New Orleans, Louisiana on February 20, 1991.Submission of the post-hearing comments and briefs were scheduled to end onJune 22, and July 22, 1991 respectively; however, OSHA extended the dates toSeptember 27, and October 28, 1991. The post-hearing comments and briefs wereagain extended and finally closed on (CONT)

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: November 26, 1991 and February10, 1992, respectively.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202219-7075

RIN: 1218-AA83

2273. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIRACETATES

Significance: Subject to OMB review: Undetermined Economicallysignificant: Undetermined Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1000

Legal Deadline: None

Abstract: On May 20, 1986, the Environmental Protection Agency (EPA)issued a report to OSHA, under Section 9(a) of the Toxic Substances ControlAct, stating that EPA has reasonable basis to conclude that the risk ofinjury to worker health from exposure to four glycol ethers during theirmanufacture, processing and use is unreasonable, and that this risk may beprevented or reduced to a significant extent by OSHA regulatory action. EPAgave OSHA 180 days in which to respond to its report. OSHA published itsresponse on December 11, 1986, stating that OSHA had preliminarily concludedthat occupational exposures to the subject glycol ethers at the current OSHApermissible exposure limits may present significant risks to the health ofworkers. OSHA published an Advance Notice of Proposed rulemaking (ANPRM) onApril 2, 1987, (52 FR 10586). OSHA used the information received in responseto the ANPRM, as well as other information and analysis, and published aproposal, March 23, 1993 (58 FR 15526), that would reduce the permissibleexposure limits for four glycol ethers and provide protection forapproximately 46,000 workers exposed to the substances.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202219-7075

RIN: 1218-AA84

2274. CONFINED SPACES AND EXPLOSIVE AND OTHER DANGEROUS ATMOSPHERES (PART1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.11; 29 CFR 1915.12; 29 CFR 1915.13; 29 CFR1915.14; 29 CFR 1915.15; 29 CFR 1915.16

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyardstandard covering confined space and explosive and other dangerousatmospheres. This revision will develop, in part, a performance-orientedstandard, address any gaps in coverage, recognized new technology, andeliminate outmoded or redundant standards. Moreover, it will resolve thepotential redundancy and overlap that would result from two different sets ofrequirements for landside and shipboard operations. This regulatory actionrepresents a minimal economic impact or has the potential of producing a costsavings to the industry.

Small Entities Affected: None

Government Levels Affected: State, Federal

Sectors Affected: 373 Ship and Boat Building and Repairing

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210, 202219-8061

RIN: 1218-AA91

2275. METHYLENE CHLORIDE

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1000

Legal Deadline: None

Abstract: In July 1985, OSHA was petitioned by the United Automobile,Aerospace and Agricultural Implement Workers of America (UAW) to issue ahazard alert; issue an emergency temporary standard; and to begin work on anew permanent standard for methylene chloride (MC). This request was based oninformation obtained from the Environmental Protection Agency and theNational Toxicology Program indicating that DCM is an animal carcinogen andmay have the potential to cause cancer in humans. In November 1986, OSHAnotified the UAW that its petition had been granted, in part, and denied, inpart. Specifically, OSHA issued a set of guidelines for controllingoccupational exposure to MC and OSHA denied that portion of the petitionrequesting the issuance of an emergency temporary standard. OSHA published anAdvance Notice of Proposed Rulemaking on November 24, 1986 (51 FR 42257).After reviewing and analyzing the comments received in response to the ANPRM,OSHA published a proposal in the Federal Register on November 7, 1991(56 FR 57036). The comment period closed on April 6, 1992. On June 9, 1992,OSHA published a notice of informal public hearings to be held in Washington,DC on (CONT)

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: September 16, 1992 and in SanFrancisco, CA on October 14, 1992. The post-hearing comment period for newevidence closed on January 14, 1993, and the final date for submittingpost-hearing summations and briefs was March 15, 1993.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Ave. NW., Rm N3718, FPBldg., Washington, DC 20210, 202219-7075

RIN: 1218-AA98

2276. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS (PART1910)

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.21; 29 CFR 1910.22; 29 CFR 1910.23; 29 CFR1910.24; 29 CFR 1910.25; 29 CFR 1910.26; 29 CFR 1910.27; 29 CFR 1910.28; 29CFR 1910.29; 29 CFR 1910.30; 29 CFR 1910.31; 29 CFR 1910.32

Legal Deadline: None

Abstract: Standards for Walking Working Surfaces and Personal FallProtection Systems will be issued concurrently. Existing standards forwalking and working surfaces need to be revised because they are out of dateand restrict technological innovation. The proposed revision isperformance-oriented and permits flexibility for compliance. In addition,existing standards do not contain criteria for personal fall protectionsystems. Consequently, requirements containing criteria for personal fallprotection systems would be added to 29 CFR part 1910; Subpart I, PersonalProtection Equipment, to enhance employee protection from injury and deathdue to falls to different elevations.

Small Entities Affected: Undetermined

Government Levels Affected: None

Additional Information: Because 1218-AB05 and 1218-AA48 will beissued concurrently, they have been combined under one RIN number.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Bldg., Washington, DC 20210, 202219-8061

RIN: 1218-AB04

2277. ASBESTOS (REMAND)

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655 et seq

CFR Citation: 29 CFR 1910.1001; 29 CFR 1926.58

Legal Deadline: None

Abstract: On June 20, 1986, OSHA published revised standardsgoverning occupational exposure to asbestos, tremolite, anthophyllite andactinolite in general industry and construction. In these standards, OSHAreduced the 8-hour time weighted average (TWA) permissible exposure limit(PEL) to 0.2 f/cc, and established other protective provisions. This standardwas legally challenged, and as a result, the Court of Appeals for theDistrict of Columbia upheld the standard except that the court held that OSHAmust reconsider several of the standard's provisions to determine if moreprotective regulatory provisions are available to reduce risk. One of theissues to be reconsidered was the need for a short-term limit foroccupational exposure to asbestos in response to the Court's directive. Thislimit was established as 1 f/cc averaged over a 30-minute sampling period anda legal notification of this amendment was published on September 14, 1988,at 53 FR 35610. (CONT)

Small Entities Affected: None

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: On December 20, 1989 (54 FR52024) OSHA responded to the first three remand issues. OSHA deleted the banon spraying asbestos containing materials; amended the regulatory text toclarify when construction employers must resume periodic monitoring; andexplained why OSHA is not amending the regulatory text to clarify the limitedexemption for "small-scale, short-duration operations" in the constructionindustry standard. OSHA published a notice of its resolution of Category IIremand issues on February 5, 1990, and a notice of proposed rulemaking forCategory III on July 20, 1990 (55 FR 29712). On September 20, 1990, thecomment period was extended to December 3, 1990, and the public hearing wasrescheduled to commence on January 23, 1991. The post-hearing comment periodclosed on April 26, 1991, and the briefing period was extended to July 24,1991. On November 3, 1992 (57 FR 49657), OSHA reopened the record for 60 daysto receive additional comments. The comment period for supplemental asbestosinformation closed on January 4, 1993.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Bldg, Washington, DC 20210,202 219-7075

RIN: 1218-AB25

2278. AIR CONTAMINANTS RULE FOR CONSTRUCTION, AGRICULTURE AND MARITIME

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: The permissible exposure limits (PELs) promulgated by OSHAin 1971 do not reflect current knowledge of the health effects of many toxicsubstances. OSHA published a proposal on June 7, 1988 (53 FR 20960) to amendand expand the PELs for general industry. On January 19, 1989 OSHA set newPELs for the toxic substances originally covered in 1971 and covered newsubstances in a single rulemaking that applied to general industry. On June12, 1992 (57 FR 26001) OSHA published a proposed rule that would provide moreprotective PELs on hundreds of toxic airborne substances for workers inconstruction, agriculture and maritime. On July 10, 1992 the Eleventh CircuitCourt of Appeals overturned the PELs update for general industry. Accordinglyon August 18, 1992 (57 FR 37125) OSHA published a notice delaying hearingsand extending indefinitely the comment period on the Air Contaminants Rulefor Construction, Agriculture and Maritime. The Acting Solicitor Generaldetermined not to appeal the court's decision. Consequently, OSHA mustdetermine the appropriate action in light of the judicial decision.

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Charles Adkins, Director, Health Standards Programs,Department of Labor, Occupational Safety and Health Administration, 200Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB26

2279. OCCUPANT PROTECTION IN MOTOR VEHICLES

Significance: Subject to OMB review: Yes Economically significant:Yes Regulatory Plan entry: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.140; 29 CFR 1915.99; 29 CFR 1915.100; 29CFR 1917.44; 29 CFR 1918.73; 29 CFR 1926.33; 29 CFR 1928.58

Legal Deadline: None

Abstract: OSHA continues to evaluate regulatory alternatives for thisrule, which as proposed would have required seat belt and motor cycle helmetuse, as well as the development and implementation of a driver safetyawareness program.

Small Entities Affected: Businesses, Governmental Jurisdictions,Organizations

Government Levels Affected: State, Local, Federal

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB28

2280. RETENTION OF MARKINGS AND PLACARDS

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910; 29 CFR 1926; 29 CFR 1915; 29 CFR 1917; 29CFR 1918

Legal Deadline: None

Abstract: Public Law 101-615, the Hazardous Materials TransportationUniform Safety Act (HMTUSA), mandates that the Secretary of Labor issueregulations regarding the retention of markings and placards in accordancewith Section 29 of the Act. The Agency has published a proposed rule thatwould require any employer who receives a package, container, rail car orsimilar receptacle containing hazardous materials that is required to bemarked, placarded or labeled in accordance with regulations issued under theHazardous Materials Transportation Act, to retain such labels until thehazards are removed. The proposed rule would apply to all employers coveredby the OSH Act. Therefore, separate but identical standards are included forgeneral industry (including agricultural operations), construction,shipyards, marine terminals, and longshoring. In preparing the proposed rule,OSHA has consulted with delegated representatives of the Secretary ofTransportation and the Secretary of Treasury, as required by HMTUSA.

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB42

DEPARTMENT OF LABOR (DOL) CompletedActions

Occupational Safety and Health Administration (OSHA)

2281. METHODS OF COMPLIANCE

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1000(e); 29 CFR 1910.134(a)(1)

Legal Deadline: None

Abstract: OSHA's policy concerning the use of engineering controlsand respirators was targeted for review by the President's Task Force onRegulatory Relief in 1981. Current OSHA regulations require that employersimplement feasible engineering controls to maintain air contaminantconcentrations in the workplace at or below the prescribed permissibleexposure limits. The use of respirators is permitted only in those caseswhere engineering controls are not feasible, not yet installed, or notadequate. This policy has been criticized as being inflexible, notcost-effective, and often unnecessary for employee health protection. OSHAbelieves that any changes to the policy for use of engineering controls mustbe closely coordinated with revisions in the respiratory protectionregulations (29 CFR 1910.134). This rulemaking does not address theassessment and reduction of any absolute existing risks, but rather addressesthe possible change in risk abatement associated with the use of respiratorsinstead of engineering controls. OSHA published a proposal on June 5, 1989(54 FR 23991). Hearings were held on May 30-31, 1990, and continued on July9-10, 1990. (CONT)

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: Post-hearing comments were dueby October 9, 1990, and responses to post-hearing comments were due byDecember 10, 1990. In response to oral petitions from participants, thepost-hearing comment period was extended to January 14, 1991. OSHA will usethe information received in response to the proposal to develop a final rule.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,Rm N3718, FP Bldg, 200 Constitution Ave. NW., Washington, DC 20210, 202219-7075

RIN: 1218-AA28

2282. FALL PROTECTION SYSTEMS (PERSONAL PROTECTIVE EQUIPMENT) (PART1910)

Significance: Subject to OMB review: Yes Economically significant: Yes

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart I

Legal Deadline: None

Abstract: Existing standards do not contain criteria for personalfall protection systems. Consequently, requirements containing criteria forpersonal fall protection systems would be added to 29 CFR part 1910; SubpartI, Personal Protection Equipment, to enhance employee protection from injuryand death due to falls to different elevations.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: RIN 1218-AA48 was combined with RIN 1218-AB04.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA48

2283. ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION (PART1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.137; 29 CFR 1910.269

Legal Deadline: None

Abstract: A major area of coverage not addressed in the current OSHAelectrical standards for general industry (29 CFR 1910) involves themaintenance and operation practices associated with electrical transmissionand distribution lines, substations and generating stations. It is intendedthat the proposed standard fill this void by establishing minimumrequirements for electrical safety work practices for qualified employeesworking on or near installations whose purpose is the generation anddistribution of electricity. The proposal also revises the standards forelectrical protective equipment, which is used routinely for electrical powerwork.

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected: Multiple

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA59

2284. FALL PROTECTION IN SHIPYARDS (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.201; 29 CFR 1915.202; 29 CFR 1915.203; 29CFR 1915.73; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR 1915.77

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyardstandard covering fall protection and will consolidate all related andapplicable 29 CFR part 1910 provisions into 29 CFR part 1915. The revisionwill develop, in part, performance-oriented standards, address current gapsin coverage, address new technology and eliminate outmoded and redundantprovisions.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions underconsideration: 29 CFR 1910.21-1910.23.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA66

2285. FACE, HEAD, EYE, AND FOOT PROTECTION (PERSONAL PROTECTIVEEQUIPMENT) (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: Existing standards for eye, face, head, and foot protectionreference outdated national consensus standards which have been updated andimproved. Consequently, criteria for personal protective equipment for eye,face, head, and foot would be revised to reflect improved developments inthese types of equipment. This would allow the use of better personalprotective equipment and would result in improved employee protection fromeye, face, head, and foot hazards.

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605 FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA71

2286. WELDING, CUTTING, AND BRAZING (PART 1910 AND PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.251; 29 CFR 1910.252; 29 CFR 1910.253; 29CFR 1910.254; 29 CFR 1926.350; 29 CFR 1926.351; 29 CFR 1926.352; 29 CFR1926.353; 29 CFR 1926.354

Legal Deadline: None

Abstract: OSHA proposes to revise and update its existing part 1910and part 1926 subparts covering welding, cutting and brazing operations, andto develop performance-oriented standards designed to reduce the number ofdeaths and injuries due to unsafe equipment and unsafe operations. There hasbeen no substantial revision to these subparts since their adoption in 1971.A complete and comprehensive revision is needed at this time to bring thestandards into line with the current state-of-the-art and updated consensusstandards. In developing its proposed revision for for welding provisions inPart 1910 (General Industry), OSHA has determined that similar revisions tothe Part 1926 (Construction Industry) welding provisions are warranted.

Small Entities Affected: None

Government Levels Affected: None

Sectors Affected: Multiple

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Ave. NW., Rm N3605, FP Bldg., Washington, DC 20210, 202219-8061

RIN: 1218-AA72

2287. WELDING, CUTTING, AND HEATING IN SHIPYARDS (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.51; 29 CFR 1915.52; 29 CFR 1915.53; 29 CFR1915.54; 29 CFR 1915.55; 29 CFR 1915.56; 29 CFR 1915.57

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyardstandard covering welding, cutting, and heating. The revision will develop,in part, a performance-oriented standard, address current gaps in coverage,recognize new technology, and eliminate outmoded or redundant provisions. Inaddition, it will consolidate 29 CFR part 1915 standards and applicable 29CFR part 1910 standards into one set of provisions.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions underconsideration: 29 CFR 1910.251-1910.252.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AA73

2288. HAZARD COMMUNICATION

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 33 USC 941; 40USC 333; 5 USC 553

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.99; 29 CFR 1917.28; 29CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

Legal Deadline: None

Abstract: OSHA promulgated a final rule on August 24, 1987, thatextended the protections of its Hazard Communication Standard (HCS) from themanufacturing sector to all other workplaces where employees are exposed tohazardous chemicals. The HCS requires covered employers to establish hazardcommunication programs for their employees, including labels on containers,material safety data sheets, and training programs. On August 8, 1988, OSHApublished a NPRM to modify the final rule, and provide an opportunity forpublic comment. Public comments have been received, hearings have been held,and OSHA will prepare a final rule based on the public record for thisstandard, including the record developed in earlier rulemakings.

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202219-7075

RIN: 1218-AB02

2289. HAZARDOUS MATERIALS (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910, subpart H

Legal Deadline: Final, Statutory, November 15, 1991.

Abstract: Standards in 29 CFR part 1910, subpart H, which address thestorage, handling and use of hazardous materials, such as compressed gases,acetylene, hydrogen, oxygen, liquefied petroleum gases, and flammable andcombustible liquids, will be revised. This regulatory action will provide anew approach to the revision of Subpart H and will occur in three phases inan expanded timeframe. The three phases will be: (1) Explosives, (2)Hazardous Liquids, and (3) Flammable and Compressed Gases. The first phase ofthe proposed action is intended to better project employees from hazardsrelated to explosives. The remaining phases are intended to simplify, clarifyand consolidate standards on hazardous materials and assist employers andemployees in general industry to better understand and better understand andbetter focus on the hazards inherent in the use, handling, and storage ofsuch materials.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: This action previously included four phases.One phase, Process Safety Management of Highly Hazardous Chemicals has beencompleted.

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3605, FP Building, Washington, DC 20210,202 219-8061

RIN: 1218-AB20

2290. SHIPYARD EMPLOYMENT: PHASE II (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.1 et seq; 29 CFR 1915.31 et seq; 29 CFR1915.91 et seq; 29 CFR 1915.111 et seq; 29 CFR 1915.131 et seq; 29 CFR1915.161 et seq; 29 CFR 1915.171 et seq; 29 CFR 1915.181; 29 CFR 1910.13 etseq; 29 CFR 1910.14; 29 CFR 1910.15; 29 CFR 1910.95; 29 CFR 1910.96; 29 CFR1910.97; 29 CFR 1910.141;...

Legal Deadline: None

Abstract: This regulatory action will complete the consolidation andupdating of Parts 1915 and 1910 by providing shipyard employees with coverageunder one comprehensive OSHA standard. This revision effort will involve thepromulgation of 20 maritime subparts. Its completion will be done in stagesand will relieve shipyard owners from the burden of having to comply with twosets of rules that are complex, prescriptive, confusing and, in some cases,conflicting. A previously identified project, Surface Preparation andPreservation (RIN 1218-AA96), will be included in this project.

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Thomas J. Shepich, Director, Safety StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Rm N3605, FP Bldg., Washington, DC 20210, 202219-8061

RIN: 1218-AB22

2291. LEAD IN CONSTRUCTION

Legal Authority: Not yet determined

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: On November 14, 1978 (43 FR 52952), OSHA promulgated astandard that limited occupational exposures to lead. The standard alsocontained requirements for exposure monitoring, protective equipment,housekeeping and hygiene practices, medical surveillance, medical removalprotection, posted areas and education and training. However, the scope ofthe standard did not include the construction industry. Lead exposures in theconstruction industry continued to be regulated by the air contaminantsstandard for construction (29 CFR 1926.55) which has no protective ancillaryprovisions such as those contained in the general industry standard. Thisstandard adopted the 1970 American Conference for Governmental IndustrialHygienists (ACGIH) Threshold Limit Value (200 ug/m3) which is four times thecurrent standard for general industry. OSHA recognized that this levelrepresents a potential for material impairment of health and is in theprocess of developing a proposal.

Small Entities Affected: None

Government Levels Affected: None

Additional Information: The Housing and Community Development Act(title IV, subtitle C, Section 1031) (October 28, 1992) requires theSecretary of Labor to adopt an interim final regulation (within 180 days) onoccupational exposure to lead in the construction industry. Therefore, on May4, 1993 (58 FR 26590), OSHA published an interim final rule for lead exposurein the construction industry. The regulation provides places of employmentfor employees which are as safe and healthful as those which would prevailunder the Department of Housing and Urban Development Guidelines published onSeptember 28, 1990. It is OSHA's intention to promulgate a permanent rulewhich will supersede the interim final rule.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB34

2292. REPORTING OF FATALITY OR MULTIPLE HOSPITALIZATIONS

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904.8

Legal Deadline: None

Abstract: Concerns have been raised by Congress, OMB, OSHA, NIOSH,BLS, the National Academy of Sciences, GAO and representatives of businessand labor about the reporting of fatalities and multiple hospitalizations.These include the procedures employers are required to follow, the length oftime employers have to report the fatalities to OSHA, and the number ofhospitalizations required before the employer must report the incident toOSHA. In particular, 48 hour reporting may allow too many workplace factorsto change before OSHA can reach the worksite to perform an adequateinvestigation of the incident. In addition, there are concerns that thecurrent regulation may not adequately inform employers of the need to reportall occupational fatalities, including those that occur extended periods oftime after the employee was originally injured. Benefits will include moreaccurate employer reporting of fatalities and multiple hospitalizations, animproved ability for OSHA to respond to serious accidents while evidence isstill "fresh," an improved count of fatalities and multiple hospitalizationsand an upgraded data base for researchers and policy officials.

Small Entities Affected: Businesses, Governmental Jurisdictions,Organizations

Government Levels Affected: State, Local

Agency Contact: Stephen A. Newell, Director, Office of Statistics,Department of Labor, Occupational Safety and Health Administration, 200Constitution Avenue NW., Rm N3507, FP Building, Washington, DC 20210, 202219-6463

RIN: 1218-AB35

2293. HAZARD COMMUNICATION (MSDS)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29CFR 1926; 29 CFR 1928

Legal Deadline: None

Abstract: The Hazard Communication Standard (HCS) is a generic,performance-oriented rule which provides workers exposed to hazardouschemicals with the right-to-know about their hazards, identities, and ways toprevent exposure. The HCS requires chemical manufacturers and importers toevaluate the hazards of the chemicals they produce or import, and to developcontainer labels and more detailed technical bulletins called material safetydata sheets (MSDSs) regarding those hazards and associated protectivemeasures. On May 17, 1990 (55 FR 20480), OSHA published a request forcomments and information (RFI) in the Federal Register to solicitpublic input on experiences regarding HCS implementation, and suggestions forimproving the quality of information provided. Nearly 600 responses werereceived by OSHA in response to the RFI. By far the issue of greatest concernto the commenters was the standardization of the format or order ofinformation for the MSDSs. Users of MSDSs believe that standardization willallow the MSDSs to be used more effectively; will make training easier; andwill facilitate electronic (CONT)

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: storage and retrieval of MSDSinformation. There was also significant support for standardization of labelinformation. In addition to issues related to format, there are concernsregarding the comprehensibility of the MSDS information and internationalharmonization of chemical safety and health information. OSHA intends todevelop a notice of proposed rulemaking (NPRM) to address the issuesdescribed above.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB43

2294. COKE OVEN EMISSIONS

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910

Legal Deadline: None

Abstract: On January 28, 1992, the White House imposed a 90-daymoratorium on regulations and directed the heads of selected Executivebranch, departments, and agencies, including the Department of Labor, toevaluate existing regulations to identify those imposing unnecessaryregulatory burdens; those that have failed to keep pace with technologicalinnovations; and those that contain unnecessarily prescriptive requirements.In response to the President's request, the Department of Labor initiated aRequest for Public Comment on the moratorium (57 FR 6301, February 24, 1992).As a result, OSHA identified the medical surveillance is to identify healthproblems caused by occupational exposure when intervention is likely to be ofvalue. In theory, early diagnosis by medical surveillance would lead toincreasing rates of cure. However, medical surveillance under the Coke OvenStandard attempts to recognize workers who have already developed severeillness (i.e., cancer of the lung or kidney) that requires extensive medicaland/or surgical intervention. It has been brought to OSHA's attention thatsputum cytology (CONT)

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: monitoring of coke ovenworkers rarely, if ever, detects lung cancer in early stages. Also, thesafety of semi-annual chest x-rays has been questioned. For these reasons,OSHA will initiate 6(b) rulemaking to update the Coke Oven EmissionsStandard.

Agency Contact: Charles E. Adkins, Director, Health StandardsPrograms, Department of Labor, Occupational Safety and Health Administration,200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB44

2295. GRAIN HANDLING

Legal Authority: Not yet determined

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: OSHA will announce that the existing record used to developthe final rule for grain handling facilities is sufficiently complete tosupport a conclusion on whether OSHA should expand the 1/8th inch actionlevel dust clean up level (in grain elevators) beyond the standard'sspecified priority housekeeping areas. The grain handling standard'srequirements concerning the control of dust accumulations was intended todecrease the number and mitigate the effects of fires and explosions in grainhandling facilities. Additionally, OSHA will announce its conclusion that itwill not initiate further rulemaking to expand the 1/8th inch action levelprovision beyond those priority housekeeping areas already specified by thestandard.

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: Charles Adkins, Director, Health Standards Programs,Department of Labor, Occupational Safety and Health Administration, 200Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210,202 219-7075

RIN: 1218-AB49

[FR Doc. 94-8050 Filed 04-22-94; 8:45 am]