Inside OSHA

April 18, 2024

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EPA has preliminarily determined that many activities that disturb legacy asbestos -- such as demolition of older buildings that were constructed with the material -- pose “unreasonable risk” to workers and others, potentially triggering new TSCA rules to protect them, according to a draft of the agency’s long-awaited “part 2” evaluation of the mineral.

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Environmentalists and their allies say EPA’s recently finalized updates to its Risk Management Program (RMP) rule leaves out many measures they believe are necessary to ensure it covers all facilities at risk of accidental releases, in particular because the agency rejected calls to expand the list of chemicals whose use at a site triggers RMP requirements.

A bill advancing in the California Legislature would require California OSHA (Cal/OSHA) to amend its hospital violence-prevention rules to require that facilities maintain metal detectors at certain entrances, and implement a number of supporting security measures.

Republican lawmakers are continuing their push-back against EPA’s draft risk evaluation of formaldehyde, with a new letter warning the agency that a potential workplace exposure limit is too stringent and could jeopardize a range of industrial sectors, while also raising concerns that any rule based on the review could conflict with Fish and Wildlife Service (FWS) policies.

House Republicans have introduced a Congressional Review Act (CRA) resolution that seeks to roll back EPA’s controversial rule tightening many aspects of its risk management program (RMP) for chemical facilities, teeing up a statutorily mandated vote on the repeal in the coming weeks.

The White House Office of Management and Budget (OMB) has approved OSHA’s final rule updating the hazard communication standard (HCS) that governs safety labels for toxic, flammable and otherwise dangerous chemicals, after employers and trade groups warned that the 2021 proposal would massively expand data-gathering requirements.

OSHA has released an FAQ document that aims to clarify implementation details for its controversial rule allowing worker representatives to take part in “walkaround” inspections even if they are not employed at the site under review, including how non-unionized workers can select representatives and steps employers can take to avoid disclosure to outsiders.

California OSHA (Cal/OSHA) officials say they are still “committed” to strong implementation of existing indoor heat protections and ongoing efforts to bolster them, despite the likely forthcoming rejection by state administrators of a sweeping set of more stringent rules adopted by the agency’s standards board last month at a chaotic meeting.

EPA has formally published its TSCA chrysotile asbestos rule, starting a 60-day clock for potential court challenges and a rolling series of compliance deadlines for industries to phase out the mineral -- starting with bans on new imports or installation of several asbestos-based products that are now set to take effect in late November.

EPA will use an industry “workshop” next month to unveil standard “occupational exposure scenarios” (OES) developed by staff to assess potential worker exposures as part of its TSCA risk evaluations of existing chemicals -- a move that could help address industry complaints that those reviews greatly overstate occupational risks.

 

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