Industry groups appear split on the role local emergency planning committees (LEPCs) should play in federal efforts to improve the safety and security of industrial plants, with some industry advocates arguing the groups authorized under the Emergency Planning and Community Right-to-Know Act (EPCRA) should play a key role and others seeking to largely bypass them – discourse that comes as OSHA seeks to update plant safety policies as a central part of a broad federal push by President Obama on the issue.
NIOSH officials say a multi-stakeholder partnership involving industry, union and government experts on respirable crystalline silica has evaluated a range of engineering controls in field studies that are effective at keeping exposures to the toxic dust during road milling below the research agency's 50-microgram recommended exposure limit (REL) for silica dust – a level mirroring the compulsory exposure cap in OSHA's planned silica rule – and suggest use of the developed controls could obviate a need for respirator use over full shifts in road milling operations.
A plastics industry group charges OSHA's proposed rule to mandate electronic filing of injury and illness records quarterly at large firms -- information that would later be disseminated on the Internet -- fails to qualify for an exemption from Privacy Act provisions that bar agencies from publicly distributing data concerning individuals.
President Obama's regulatory czar said Monday he feels no “particular pressure” to put an eventual final OSHA silica rule on a fast track for completion before the swiftly approaching end of the administration, and does not take that view toward any other rule despite a generally recognized 90-day window for the White House budget office to review agency standards -- a period often extended for lengthy stretches to the ire of pro-regulation groups.
The national paving industry, with key union backing, is urging OSHA officials to reexamine a mandate for respirator use under some exposure conditions that the agency included in a proposed new standard for silica control measures in construction activities, saying a requirement triggered by more than four hours of possible exposure actually creates new and greater hazards for road workers.
Construction industry trade groups are mounting an informal challenge to OSHA's crystalline silica rulemaking that hinges on an argument that agency officials did not adequately consult with their construction advisory panel on details of the planned regulations as required by OSHA procedures before issuing the proposal last year.
A national group of occupational hygiene experts wants OSHA to craft a formal regulatory definition of “recognized and generally accepted good engineering practices” (RAGAGEP) as it explores a range of options for potential revisions to its process safety management (PSM) standard designed to protect workers from chemical disasters, urging OSHA to help clarify an issue that has become the subject of enforcement disputes.
Organized labor has launched an assault backed by economic expertise against the business community's assertion OSHA's planned rule on respirable silica would cost countless U.S. jobs, with unions arguing the regulatory scheme would actually yield more economic benefits and result in less costs than even OSHA estimates.
Administration officials working to implement President Obama's executive order on improving safety and security at industrial plants are considering strengthening local emergency planning committees (LEPCs) overseen by the Environmental Protection Agency but are not addressing calls to require controversial new safety requirements at facilities.
Labor Department lawyers are fighting back against industry complaints that OSHA set aside too short a time at its public hearings on silica to respond to stakeholder questions about the rule, citing procedures that govern the hearings and declaring that while OSHA will accept written queries as suggested by an administrative law judge (ALJ), the agency has not agreed to respond to any of them.