Daily News

California OSHA (Cal/OSHA) officials are revising a key proposal to exempt short-term “incidental” exposures from first-time heat safety rules governing indoor worksites, in response to complaints by employer groups that a previous carve-out was much too limited and ahead of a key standards board vote expected in March.

An industry law firm is urging companies to be ready to report workplace monitoring data for the five chemicals EPA has targeted for TSCA’s prioritization process, warning that regulators may assume any sectors that have not sent such data will be unable to implement new exposure limits and should have their uses of the substances banned instead.

Jeff Killip is resigning as chief of California OSHA (Cal/OSHA) after less than two years with the agency in order to return to his former home in Washington state, amid a backlog of worker-safety rulemakings and a stubbornly high staff vacancy rate at the Golden State’s worker-safety agency.

The Chemical Safety and Hazard Investigation Board (CSB) is again urging OSHA to either extend current safety standards to oil and gas drilling operations or craft a new rule for the sector in its report on a fatal 2020 blowout at a Texas oil well.

Trade groups are urging EPA to rewrite not only its proposed TSCA exposure limit for trichloroethylene (TCE) but also its broader approach to crafting existing chemical exposure limits (ECELs) under the toxics law, arguing that the current process is “opaque” and must at minimum go through a public peer review.

EPA is requiring chemical manufacturers and processors to report all data they possess on “significant adverse human health and environmental effects” from exposure to the industrial chemical 4,4'-Methylene bis(2-chloroaniline) (MBOCA), invoking a little-used power requiring employers to submit information on worker harms gathered as long as 30 years ago.

The U.S. Court of Appeals for the 6th Circuit will not revisit its ruling upholding as constitutional the OSH Act provisions granting OSHA’s standard-setting authority, after the judges rejected claims by a contracting company that the decision was incorrect as a matter of law and created a circuit split on when the agency must regulate to address workplace dangers.

EPA’s proposal to change how TSCA chemical evaluations consider workers’ use of personal protective equipment (PPE) is drawing starkly different interpretations from industry and a labor-environmental coalition, with each side insisting that the agency is enacting the other’s preferred approach and demanding a reversal.

Led by President Joe Biden, OSHA has unveiled its long-promised proposal to set health and safety standards for “emergency responders,” replacing a current rule that applies only to firefighters with one that also covers emergency medical personnel and search-and-rescue workers, and floating a long list of requirements that aim to address dangers ranging from toxic chemicals and equipment failures to the mental health impacts of overwork.

Correction Appended

Industry figures say enough lawmakers are signaling support for reauthorizing the Chemical Facility Anti-Terrorism Standards (CFATS) program that they expect “opportunities” for a renewal in the new year -- though still with some uncertainty over whether that support will be enough to push a bill across the finish line.

The Senate wrapped up its legislative work for 2023 on Dec. 20 without taking up the program, despite wide industry calls for a vote and prompting a new round of criticism.

The court hearing South Carolina's challenge to the OSHA mandate for states to match inflation adjustments in federal OSH Act penalties is staying the case pending a Supreme Court decision on the Administrative Procedure Act's (APA) statute of limitations, rejecting arguments from the agency that legal issues in the two are largely unrelated.

Amid rising illness and deaths, California OSHA’s (Cal/OSHA) standards board has adopted an emergency temporary standard (ETS) for crystalline silica exposure in “engineered stone fabrication shops,” rejecting calls by industry representatives to consider amendments that would ease some of the rule’s stringent new worker-safety requirements.

The Biden administration is launching a new government-wide initiative to strengthen cost-benefit analyses that OSHA and other agencies use to justify key rules, signaling that officials are planning to collaborate with private sector researchers to help identify data gaps and obstacles to improving quantification and monetization of costs and benefits.

EPA has released a draft TSCA evaluation of the flame retardant tris(2-chloroethyl) phosphate (TCEP), finding that nine of 20 uses the agency considered contribute to unreasonable risk from the “whole chemical” and floating a workplace limit for airborne exposures -- measures that if finalized could support broad regulation under the toxics law.

The Chemical Safety and Hazard Investigation Board (CSB) has published a pair of reports in the space of a week that call for OSHA to craft new safety standards, with one recommending the agency enact a nationwide safety rule for workers who deal with liquid nitrogen and another broadening its past calls for a rulemaking on combustible dust.

The head of California OSHA (Cal/OSHA) is touting a new staff recruitment initiative by an outside firm as a fresh effort by the agency to help fill the estimated 35 percent of positions at the agency that are considered vacant, while acknowledging that the lack of employees is hurting several Cal/OSHA programs -- including enforcement of worker-safety rules.

Correction Appended

OSHA’s latest regulatory agenda says it intends to advance several long-promised rules in either the final days of 2023 or early 2024, including updated safety standards for powered industrial trucks and elevated walking surfaces, even higher-profile rulemakings such as those for heat danger, workplace violence and infectious diseases remain on uncertain timelines.

EPA staff are weighing whether individual industrial sectors can “effectively administer” stringent workplace chemical exposure limits as they craft the agency’s ongoing raft of TSCA risk management rules amid a barrage of objections from industry that the proposals are too strict, according to one source with knowledge of the toxics program’s work.

OSHA has reached a settlement with the National Chimney Sweep Guild (NCSG) to resolve a long-stalled challenge to the agency’s 2016 rulemaking that overhauled fall-protection standards to limit workers' slips, trips and falls, setting alternative compliance approaches and limited waivers for the sector.

The semiconductor industry is urging the White House to limit workplace safety provisions in EPA’s upcoming TSCA rule for the solvent n-methylpyrrolidone (NMP) to codifying the sector’s existing practices, arguing that those safeguards already reduce exposures to near zero.