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Two Top Rulemaking Efforts the DOL will place on their 2016 Radar

Posted by Gary Finch on February 1, 2016

  By now, most of you have heard about OSHA’s plan to increase penalties by 80 percent. There are other things making their way onto the DOL and OSHA’s agenda. Here are some that might be of interest to funeral homes and peripheral businesses.

  The first of those is occupational exposure to crystalline silica, which the Department of Labor (DOL) highlighted as OSHA’s top priority in the preamble to the latest agenda. OSHA is aiming to reduce the permissible exposure limit (PEL) for crystalline silica and create a comprehensive standard that would include requirements for compliance methods, exposure monitoring, training, and medical surveillance. The final rule is projected to be released in February 2016. This will hit funeral homes that do granite work. It will hit even more directly on firms that are in the stone counter business and do stone cutting on location. You should follow Compliance Plus or set up your own Google Alert Service to keep you abreast of what is happening. Mark it “crystalline silica”.

  The DOL also highlighted improving tracking of workplace injuries and illnesses, also known as the electronic recordkeeping proposal, as a key priority for OSHA in 2016. If implemented, the rule would modify OSHA’s injury and illness recordkeeping standard at 29 CFR 1904 to require employers to submit certain injury and illness recordkeeping information electronically to OSHA. A final rule is projected to be released in March 2016.

  Other significant final rules include:

   Walking and working surfaces and personal fall protection systems. This rule would address workplace slip, trip, and fall hazards and establish requirements for personal fall protection systems in keeping with current technology and procedures. A final rule is projected for April 2016.

   Updating OSHA standards based on national consensus standards for eye and face protection. The update would revise eye and face protection regulations to incorporate the 2010 edition of the ANSI Z87.1 consensus standard. A final rule is projected for March 2016.

There is one proposed rule of interest:

   Respirator fit testing. The proposed rule would incorporate three new allowable fit-testing protocols for individuals assigned to use respirators. An NPRM is expected in March 2016.

There is also one pre-rule of interest:

   Bloodborne pathogens. OSHA plans to evaluate the bloodborne pathogens standard (29 CFR 1010.1030) to determine its continued necessity, whether it overlaps with or conflicts with any other regulations, and the degree to which technology, economic conditions, or other factors may have changed since the rule was evaluated. The comment period ended in August, and OSHA plans to end its review and issue findings in December 2015. I do not have the results at this time but I can promise you, this rule will stay.


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