Jackson Kelly PLLC

Workplace Safety and Health News Alert


May 27, 2019

By: Laura E. Beverage

For clients and friends of Jackson Kelly PLLC
Volume 15, Number 2
©2019 Jackson Kelly PLLC

The Office of Information and Regulatory Affairs released its Spring 2019 semi-annual regulatory agenda for the Occupational Safety and Health Administration (“OSHA”) on May 22, 2019.  

Included in the agenda is the issuance of OSHA’s final rule in the Standards Improvement Project IV revising 14 provisions in the recordkeeping, general industry, maritime, and construction standards that were found to have outlived their shelf life or were unnecessary and/or confusing.  The changes were first proposed in 2016 and are estimated to save employers over 6 million dollars annually.  The final rule was published on May 14, 2019, in the Federal Register at https://www.govinfo.gov/content/pkg/FR-2019-05-14/pdf/2019-07902.pdf.

The agency has also made a Request for Information (“RFI”) for potential update to the Lockout/tagout (“LOTO”) standard for the Control of Hazardous Energy.  The RFI seeks comment on technological advancements such as the use of control circuit-type device and evolving use for robotics to isolate energy. This RFI will form the framework for updating the 1989 standards which disapproved the use of circuit devices for energy isolation devices with the availability of improved technology.

The full agenda is summarized below:

OSHA’s Pre-Rule Stage:

  • Communication Tower Safety. 
  • Emergency Response
  • Mechanical Power Presses Update
  • Powered Industrial Trucks
  • Lock-Out/Tag-Out Update
  • Tree Care Standard
  • Prevention of Workplace Violence in Health Care and Social Assistance
  • Blood Lead Level for Medical Removal
  • Occupational Exposure to Crystalline Silica; Revisions to Table 1 in the Standard for Construction

OSHA’s Proposed Rule Stage:

  • Amendments to the Cranes and Derricks in Construction Standard
  • Update to the Hazard Communication Standard
  • Cranes and Derricks in Construction: Exemption Expansions for Railroad Roadway Work
  • Puerto Rico State Plan
  • Welding in Construction Confined Spaces

OSHA’s Final Rule Stage:

  • Standards Improvement Project IV
  • Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection
  • Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Record
  • Technical Corrections to 35 OSHA Standards and Regulation
  • Exposure to Beryllium NPRM to Review General Industry Provisions
  • Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors

For additional information or guidance, feel free to contact any of the Jackson Kelly PLLC Workplace Safety and Health Practice Group professionals.

Denver, Colorado

Responsible Attorney
Karen L. Johnston

The Jackson Kelly PLLC Workplace Safety & Health News-Alert is for informational purposes only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement in the Jackson Kelly PLLC Workplace Safety & Health News-Alert without seeking advice from qualified legal counsel on the particular facts and circumstances involved.

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