osha regulatory summary

API Workshop May 18, 2011

OSHA Regulatory

Summary

Ulysses Orozco

ExxonMobil – Medical and Occupational Health


Introduction

OSHA Regulations / Activities

• Refinery / Chemicals NEP

• I2P2

• Recordkeeping

• PELs

• GHS

• Ergo


Introduction

A few key points:

• Information discussed today can be obtained through

the OSHA website.

• I am not representing OSHA; just summarizing

information.

Good to review what is happening in the OSHA

world; API is heavily involved in keeping up to

date both on the IH and Safety Side….

If you need further information you can…..


OSHA Website


OSHA Website Navigation

(www.osha.gov)


OSHA Website

½ way down the

page three important

links…

• Federal Register

Notices

• Open for Comment

• Regulatory Agenda


OSHA Website

Federal Register Notice: Any changes

to the Federal Register (all stages) are

communicated.


OSHA Website

Open for comment section: ―Noise /

MSD etc..‖


OSHA Website

Regulatory Agenda (Spring / Fall)


OSHA Website

A few more nuggets


Staying in touch…

Why is this so important!

• Stay up to speed on the regulations is important.

Small changes in regulations can translate to

significant impacts.

• Ensure we comment when needed.

• API Task Forces / Groups will ask for comments on

regulations from member companies and submit

responses as appropriate.

• This presentation has IH focus.


(H) Refinery/Chemicals PSM NEP

OSHA issued the original refinery PSM NEP in June 2007; this was recently replaced with a revised NEP on August 18, 2009. Other than minor editing changes, the only change handed down in this instruction is to extend the time for completing inspections under the former NEP for two of OSHA‘s regions: Region 6 and Region 8.

Given resource constraints, OSHA is reviewing options on how to continue the NEP. Seeking alternative of combining Chemical and Refining PSM NEPs.

Chemical Plant PSM: Compliance Directive updated in July 2010. Was regional pilot.

OSHA seeking to combine Refining and Chemical PSM NEPs.


(H) Refinery/Chemicals PSM NEP

In the first year of the NEP, OSHA inspection teams completed inspections and issued citations at 14 refineries in 6 of OSHA‘s 10 regions. A total of 348 PSM citations, with corresponding proposed penalties, have been issued. These citations and penalties reflect the serious PSM compliance issues we have found at many refineries. OSHA is particularly concerned that inspection teams are seeing many of the same problems

Violations include 1910.119(e)(5), (j)(2), and (j)(5), which are designed to ensure that hazardous deficiencies in critical process equipment are identified and corrected promptly.


(H) Injury Illness and Illness

Prevention Program

OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program.

What does it involve:• planning, implementing, evaluating, and improving processes and activities that

protect employee safety and health.

OSHA has substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes.

The Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904-3916), published in 1989. An injury and illness prevention rule would build on these guidelines as well as lessons learned from successful approaches and best practices under OSHA's Voluntary Protection Program Safety and Health Achievement Recognition Program and similar industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10 and Occupational Health and Safety Assessment Series 18001. Twelve States have similar rules.



Prevention Program

Remains DOL/OSHA Administration‘s ―top priority‖.

Remains a highly controversial rulemaking. Apparently trying to ―rebrand‖ I2P2.

Struggling to combine input received and other information into a coherent plan of action for rulemaking..• Ultimately will be a rule on use of 5(a)(1)?

Originally introduced in the Spring 2010 Reg Agenda followed by a series of stakeholder meetings in Summer 2010.

Much confusion over ―safety incentive programs‖ and mechanics of how the rule will move forward.

Many issues to be worked out: how to deal with existing programs and whether they should be grandfathered; discrepancies, gaps, or approach differences between Z10, VPP, OSHA Guidelines; etc.

Series of stakeholder meetings held to solicit input. The Agency is reviewing the information/data/etc collected through the meetings.

https://www2.ergweb.com/projects/conferences/osha/register-osha-I2P2.asp

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17904



Prevention Program

***OSHA said this is its number one priority—the Agency believes this will have the greatest impact in terms of preventing workplace injuries, illnesses and fatalities.

***Asked how I2P2 would affect companies with existing written safety programs, OSHA said it is ―committed to not disrupting existing effective programs‖ and believes that most effective existing programs would likely already comply with the future I2P2 requirements.

***Asked about its timeline for the I2P2 program, OSHA said the next step in the rulemaking process is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) process that is scheduled for June 2011. This usually last 120 days. It has not determined a date for publishing a proposed rule.

***OSHA believes that small and medium sized employers will benefit the most from the I2P2 rule and the success of large employers with successful programs is helping to shape its proposal.


(M) Record Keeping

OSHA recently launched revised NEP on

recordkeeping

• REVISED Compliance Directive

• Expanding targets to include ‗almost meeting SST

threshold‘ from ‗low rates in dangerous industries‘

OSHA NPRM issued on Jan 1, 2010 to add a

musculoskeletal column to the OI & I recording

and reporting requirements.

http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-07.pdf

http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-07.pdf


(M) Record Keeping

When asked when the MSD column will

be added to the form 300, the response

was that the regulation is currently at

OMB for final review and OSHA expects

it to be added to the Form 300 starting in

January 2012. (Note: API submitted

comments opposing the addition of this

column to the Form 300.)


(M) PELS

OSHA is amending its existing Air Contaminants standard. What included:• Updating Tables Z-1, Z-2, and Z3.

• Making more protective 212 Permissible Exposure Limits (PEL) listed in these Tables;

• Setting new PEL's for 164 substances not currently regulated by OSHA; and maintaining other PELs unchanged.

Changes exposure levels include:• Revision of the PEL

• Inclusion of Short Term Exposure Limits (STEL)

• Establishment of skin designation;

• Addition of ceiling limits as appropriate.

All of the revised PELs are included in a single new Table Z-1-A which also includes the existing OSHA PELs under the Transitional Limits Columns.


(M) PELS

Feb 10, 2010: OSHA has not stated that it will address PELs, but in preparation for its Feb. 10th meeting, the Agency asked for feedback on whether updating PELs should be a priority.

8-16-10 OSHA requested stakeholder input on chemicals that should be targeted for potential limits. OSHA and NIOSH are collaborating on addressing the issue.

Still in process of selecting 10-15 chemicals for initial focus. Enforcing exposure limits under 5(a)(1) is apparently on the table of options.


(M) PELS

Asked if it would consider adopting ACGIH TLVs, OSHA noted it does not have the statutory authority to simply adopt ACGIH TLVs and would have to go through rulemaking to set new PELs.

Because this process can be quite lengthy, OSHA has assembled a task force to explore other ―programmatic approaches‖ to selecting substances of concern and updating their permissible exposures.


(M) Hazard Communicaton

(GHS)

The GHS was formally adopted by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals in December 2002.

The GHS is a single, harmonized system for classification of chemicals according to their health, physical, and environmental effects. It also provides harmonized communication elements, including labels and safety data sheets.

The GHS is considered to be a living document and is regularly revised and updated as necessary to reflect new technology and scientific developments or to provide additional explanatory text.



(GHS)

OSHA expects to promulgate the final rule in August 2011.• Implies that it will go to OMB very soon!

• Upcoming Unified Agenda will be insightful.

Major proposed changes: • provides specific criteria for classification of health and

physical hazards, as well as classification of mixtures;

• chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category;

Small business is challenging aspects of current plans; stakeholder meetings held in Mar 2010.

http://www.regulations.gov/contentStreamer?objectId=0900006480b87422&disposition=attachment&contentType=html



(GHS)

OSHA is evaluating the rulemaking

record to finalize the rule and anticipates

publishing the final rule in August 2011.

The effective date for the GHS rule will

be announced when the final rule is

published.


(L) Ergonomics

Issue gaining some attention in Hotel (Housekeeping) industry through employee-management disputes.

Currently OSHA publishes ergonomics guidelines focusing on specific industries and issue citation under the General Duty Clause.

OSHA has not indicated any interest in proposing a new ergonomics standard, but it announced that it would use the general duty clause to cite employers for ergonomic and workplace violence hazards.

9-14-10 Asst Sec Michaels says in speech: ―The general duty clause serves an important purpose because it is impossible for OSHA to create a standard for every hazard, as in cases of ergonomics, workplace violence, specific chemical or bacterial exposures or structural strength.‖ NAM and other industry groups concerned that this is a signal that Agency intends to move on a standard. New reporting rule for MSD column also suggesting this intention.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=SPEECHES&p_id=2299


Withdrawn (1/19/11)

This document constitutes OSHA's official interpretation of the term feasible administrative or engineering controls as used in the applicable sections of OSHA's General Industry and Construction Occupational Noise Exposure standards. Under the standard, employers must use administrative or engineering controls rather than personal protective equipment (PPE) to reduce noise exposures that are above acceptable levels when such controls are feasible. OSHA proposes to clarify that feasible as used in the standard has its ordinary meaning of capable of being done. The Agency intends to revise its current enforcement policy to reflect this interpretation.The Agency solicits comments from interested parties on this interpretation.


Withdrawn (1/25/11)

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing to revise its Occupational Injury and Illness Recording and Reporting (recordkeeping) regulation by restoring a column on the OSHA Form 300 to better identify work-related musculoskeletal disorders (MSDs). The rule does not change existing requirements for when and under what circumstances employers must record musculoskeletal disorders on their injury and illness logs.


API Activity

Refinery / Chemical PSM NEP – is being monitored closely by the process safety group.

Injury Illness and Illness Prevention Program –is being monitored closely by the safety and fire protection group.

OHSA Activity on PELs – is being closely monitored by the industrial hygiene task force.

Globally harmonized system – is being closely monitored by the GHS task force.

Ergo is being monitored by the industrial hygiene task force.


Some notable others

Bloodborne pathogens – is the standard

needed?

Crystalline Silica – new osha rule.

Methylene Chloride - is the standard

needed?

osha regulatory summary

Documents