Rulemaking

The Mine Safety and Health Administration (MSHA) has proposed a long-awaited update to its 50-year-old standards for silica dust, advancing a rulemaking process that has been in progress for many years but hit repeated delays over the intervening years, despite OSHA enacting a parallel update to its own silica rules in 2016.

OSHA is formally asking representatives of small businesses and government entities to weigh in on its development of a long-awaited nationwide standard for heat danger, through a Small Business Regulatory Enforcement Fairness Act (SBREFA) process it plans to hold in the coming months -- a major step toward release of a formal proposal.

OSHA is seeking to release by the end of this month long-awaited final rules on both electronic recordkeeping mandates and COVID-19 infection controls in healthcare facilities, alongside several proposed policies, while delaying other rulemakings from their previous timelines -- some by over a year, according to its latest Unified Agenda of rulemaking actions.

Trade association officials, attorneys and individual business owners are warning EPA of “massive” complications from its proposal to phase out methylene chloride or mandate strict worker protections for its use, saying that many firms or entire sectors see no ready substitute for the solvent, and others have no way to separate uses subject to the rule from exempt ones.

EPA is poised to propose its TSCA rule governing the solvent perchloroethylene (PCE or perc) after a draft version cleared White House review on June 1, an action that comes less than two months after the agency released its methylene chloride plan and could show how broadly it intends to apply that rule’s strict approach to worker protections.

Andy Levinson, head of OSHA’s directorate of standards and guidance, told a May 31 National Advisory Committee on Occupational Safety and Health (NACOSH) meeting that the agency is “on the cusp” of initiating a Small Business Regulatory Enforcement Fairness Act (SBREFA) consultation for its nationwide heat standard, just hours before the panel approved its own recommendations on the rulemaking.

California OSHA (Cal/OSHA) officials are facing pressure from labor unions, worker-safety advocates and some of the agency’s standards board members to tighten proposed first-time employee-safety rules for heat illness prevention at indoor worksites, primarily by lowering the temperature thresholds that trigger several worker-protection requirements.

Public-health groups are renewing litigation seeking to revive OSHA’s Obama-era electronic reporting rule even as a final rule expected to reinstate many or all of its requirements is awaiting White House approval, arguing that a federal court should scrap the 2018 rollback of those mandates immediately as their absence is causing ongoing harm.

Industry attorneys are questioning OSHA’s plan to soon issue an interim final rule (IFR) that the agency says will provide “clarity” on its use of subpoenas but which one attorney says may include major changes to the process without a notice and comment period.

Groups representing employers, industries, labor unions and worker-safety advocates are gearing up for what are expected to be highly contentious deliberations by California OSHA (Cal/OSHA) on its proposed first-time worker-safety rules for heat illness prevention at indoor worksites -- an effort that could also help shape standards at the federal level.