Rulemaking

EPA is poised to release its proposal scaling back the Biden administration’s Risk Management Program (RMP) rule, a measure that will spark heated debate as environmentalists charge the measure guts crucial protections from industrial incidents while industry groups say it is needed to end the “regulatory whiplash” that characterizes the policy.

OSHA is extending by four months compliance deadlines in its revised hazardous communications standard (HCS) because officials are still crafting guidance for both the regulated community and agency personnel, a move that is drawing praise from chemical distributors that have been pressing for the pending guidance.

OSHA has corrected “several inadvertent errors” in its 2024 hazard communication standard (HCS) that it identified following a previous technical amendment to the rule, including minor errors in the regulatory text as well as appendices to the standard.

The Mine Safety and Health Administration (MSHA) has announced plans to revise the Biden-era silica rule, drawing cautious optimism from industry groups that are challenging the rule in court that the changes could resolve their issues, although the groups say MSHA has not yet provided any details to be certain.

California OSHA (Cal/OSHA) officials are attacking OSHA’s proposal to remove medical evaluation requirements from its respirator standard, while offering recommendations to help ensure the standard is as protective as possible should OSHA proceed with its planned changes.

The American Chemistry Council (ACC) is raising concerns that OSHA’s plan to modify several substance-specific respirator standards could cause unnecessary confusion for employers because EPA has referenced at least one of the standards in its chemical risk management rules and is urging the two agencies to ensure they coordinate.

Construction-sector groups and occupational health experts are providing a mixed reaction to OSHA’s proposal to remove medical evaluation requirements from its respirator standard, with even some groups who support modifying the standard arguing that total elimination goes too far because such screenings are best practice.

Labor unions and other worker advocates are opposing OSHA’s proposal to remove some medical evaluation requirements in its respiratory protection rule, arguing the proposal is based on flawed reasoning and a lack of understanding of respirator use that is contrary to the law and will result in harm to workers.

EPA has released its draft TSCA risk evaluation of the solvent 1,2-dichloroethane (1,2-DCA), preliminarily determining that it presents unreasonable risk of inhalation or dermal injuries to workers from a variety of uses, though the agency also says it will not seek further review of the draft since an underlying health assessment was reviewed last year alongside a related chemical.

The Labor Department’s Office of Administrative Law Judges (OALJ) reopened on Nov. 13 after the 43-day government shutdown ended, allowing pending cases to resume and requiring some proceedings to be rescheduled following the weeks-long closure.