President, FDRsafety
Employers will likely need to comply with new OSHA rules in several areas in 2014, including fall protection, confined spaces in construction and work on power lines.
The possibility of new rules in these areas is not hot news, but employers can easily be forgiven if that hasn't exactly been front of mind - after all, in some cases OSHA has been working on the standards for more than 20 years.
This foot-dragging on rules that may make an actual difference in safety for some workers is the flip side of the aggressive stance that OSHA has taken towards enforcement in recent years that has had questionable results as far as actually improving safety. Outdated or never-issued standards leave employers confused about what to do. That confusion leads to safety practices that are not in the best interests of workers.
Here's a rundown on what's ahead, based on a notice filed by OSHA in late November about its regulatory agenda.
Confined spaces in construction
This rule has been 20 years in the making. In 1993, OSHA issued a rule covering general industry workers who enter confined spaces, but there has been no corresponding coverage for construction workers. OSHA issued a proposed rule covering confined spaces in construction after reaching a settlement with the United Steel Workers in a dispute about the general industry standard.
The final rule is scheduled to be issued in February, according to last month's regulatory agenda. However this date must be taken with a grain of salt. In a regulatory agenda issued in January 2013, OSHA said the final rule would be coming in July 2013. (Note that the content of this and other upcoming final rules is not yet known.)
Fall protection
Fall protection standards in general industry have not been revised for decades. As a result, they don't even mention the use of safety harnesses and lanyards, common protective equipment that is used regularly in general industry. Nor do they address walking/working elevated surfaces that are not floors, platforms or runways, again something that is common in industry
OSHA published a proposed rule in 1990 addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. The agency reopened the rulemaking for comment in 2003 and seven years later issued a revised proposed rule. The final rule is scheduled to be released in June.
Electrical power hazards
OSHA began work more than 10 years ago on a rule to protect workers during the construction of electric power transmission and distribution lines. OSHA says the proposed standard is in the final rule stage, but is unclear exactly when it will be issued.
Recordkeeping
Two proposed changes to OSHA recordkeeping requirements haven't been in the works as long as the three I just mentioned. In one change, OSHA plans to update the list of industries that are partially exempt from requirements to maintain an injury and illness log because they experience relatively low rates of occupational injuries and illnesses. The second change would revise the reporting requirements when fatalities and certain injuries occur. A final rule is scheduled to be issued in April.
Also on OSHA's mind
In addition to describing plans for issuing final rules, the regulatory agenda provides information about changes that are not as far along in the regulatory process.
Here are some of the other things on OSHA's mind:
Injury and illness protection program - This controversial proposal, which OSHA administrator Dr. David Michaels has described as one of his top priorities, would require all employers in OSHA's jurisdiction to have an injury and illness protection program in place. OSHA says it will issue a proposed rule in September.
Combustible dust - The lack of a comprehensive OSHA standard governing combustible dust in general industry is one of the most serious gaps in safety regulation. OSHA issued a notice in 2009 that it intended to issue a proposal. Four years later, it is still in the information-gathering stage.
More to consider
As slow as OSHA has been on many of these issues, they only begin to scratch the surface of outdated rules the agency should address. Here's a short list of other topics for OSHA to tackle:
- Exit routes
- Manlifts, powered platforms, and vehicle-mounted work platforms
- Ventilation
- Combustible liquids
- Powered industrial trucks (forklifts)
Here's wishing OSHA speedy work in 2014.