The Occupational Safety and Health Administration (OSHA) continues its work on six economically significant rulemakings, according to an August 16 Department of Labor (DOL) notice (89 Fed. Reg. 66838).
The notice outlines all the DOL’s rulemakings with a significant economic impact on a large number of small entities. All six of OSHA’s economically significant rulemakings are in the proposed rule stage.
In February, the agency published its notice of proposed rulemaking (NPRM) for a new emergency response standard, which would replace a nearly 44-year-old standard for private sector fire brigades.
There’s no comprehensive emergency response standard; emergency response and preparedness issues are currently addressed by standards established decades ago, according to the DOL notice. Existing standards don’t address the full range of hazards or concerns emergency responders and others providing skilled response are currently facing, according to OSHA. Existing federal standards also don’t reflect major changes in industry consensus standards for protective clothing and equipment.
The new emergency response standard would cover not only fire brigades—contract or employee industrial fire departments—but also a wider range of private sector emergency responders, including emergency medical service providers and technical search and rescue teams.
OSHA twice extended the deadline for comments on the emergency response proposal. The comment period ended July 22, and the agency plans to begin analyzing comments next month.
The other five economically significant rulemakings at OSHA are:
- Infectious diseases: Infectious disease hazards in healthcare and other high-risk environments (correctional facilities, drug treatment programs, emergency response, and homeless shelters) include tuberculosis (TB), varicella disease (chickenpox and shingles), methicillin-resistant Staphylococcus aureus (MRSA), measles, and emerging infectious disease threats like severe acute respiratory syndrome (SARS), the 2019 novel coronavirus (COVID-19), and pandemic influenza. In 2010, the agency issued a request for information (RFI) for the rulemaking, and it began and concluded a Small Business Regulatory Enforcement Fairness Act (SBREFA) review of the rulemaking in 2014. The agency plans to publish an NPRM in November.
- Process safety management (PSM) and the prevention of major chemical accidents: Former President Barack Obama signed an Executive Order in 2013 directing OSHA and other federal agencies to improve chemical facility safety and security. A 2013 RFI identified issues related to the modernization of the existing PSM standard. OSHA completed a SBREFA review of the rulemaking in 2016 and held a stakeholder meeting in October 2022. The agency plans to analyze stakeholder comments next month.
- Communication tower safety: For over 20 years, the communication tower industry has experienced an average fatality rate higher than the overall rate for the construction industry. An April 2015 RFI revealed that OSHA’s current fall protection and personnel hoisting standards don’t adequately address all the hazards of communication tower construction and maintenance. OSHA completed a SBREFA review in 2018 and plans to issue an NPRM next year.
- Tree care: A patchwork of OSHA standards currently cover hazards in the tree care industry. The industry petitioned the agency for an industry-specific standard, and OSHA issued an advance notice of proposed rulemaking (ANPRM) in September 2008. The agency completed its SBREFA review in 2020 and plans to issue an NPRM in December.
- Prevention of workplace violence in healthcare and social assistance: There’s no federal standard for workplace violence prevention. OSHA issued a set of voluntary guidelines for healthcare and social services in 2015 and an RFI for a formal rulemaking in December 2016. The agency initiated a SBREFA review of the rulemaking at the end of 2022 that concluded in March 2023. OSHA plans to issue an NPRM in December.