osha amends the methylene chloride standard

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REGULATORY FORECAST Be sure to review the new requirements before performing inspections involving methylene chloride OSHA amends the methylene chloride standard On Sept 22, 1998, OSHA published, m the Federal Register, amendments to the standard for regulating occupational exposure to methylene chloride (29 CFR 1910 1052) The amendments were the result of a requested motion for reconslderatlon filed by the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), the Halogenated Solvents Industry Alliance, Inc , and others The OSHA standard for methylene chloride was promulgated on Jan 10, 1997 It reduced the permlssrble exposure hmlt (PEL) from 500 ppm to 25 ppm The standard went through review by Congressper the Small BusinessRegulatory Enforcement Fairness Act of 1996 It also was challenged m court by UAW because it doesnot have a medical removal provslon, and by the Halogenated Solvents Industry Alliance, which claimsthat OSHA did not adequately consider the impact on small business and which recommends a PEL of 50 ppm The amendments are asfollows l Mod@ the medical surveillance provisions to Incorporate temporary medical removal protection (MRP) The temporary MRP is accorded employees who are removed or transferred to another lob because of a medical determination that exposure to methylene chloride may aggravate or con- tribute to exlstmg skin, heart, liver, or neurological disease The compliance date for the new MRP provlslons was Ott 22, 1998, for all employers l Change the startup dates by which employers who use methylene chloride m certain work operations (1) must userespirators to protect employees exposed above the &hour time- weighted-average (TWA) permissible exposure limit (PEL), and (2) must havemstltuted feaa- ble engmeenng controls for achlevmg the short-term exposure hmlt (STEL) and &hour TWA PEL Table 1 showsthe startup datesfor all provlslonsof the standard l Require employers who have been granted a time extension for implementing engmeer- mg controls and respiratory protection m order to achieve the 8-hour TWA PEL, and who have done exposuremomtormg mdlcat- mg that the STEL 1s not exceeded, to nonethe- less continue to monitor the STEL exposures 6 Chemical Health & Safety, March/Aprd 1999 at 3-month intervals until they have lmple- mented such engineering controls and/or respiratory protection The startup date for these employers to resume STEL exposure momtormg was Ott 22, 1998 Because the MRP requirements and the alteration to the STEL momtonng requirement are now m effect, compliance officers w111 need to review them before performing future mspectlons mvolvmg methylene chloride Although the MRP provlslons are similar to those contamed m the morgamc lead standard (29 CFR 1910 1025),they require a close review The methylene chloride compliance directive, CPL 2-2 68, 1s being updated to cover and explain these amendments m further detail If you have questions about enforcing the amendments, contact OSHA’s Office of Health ComplianceAssistance (202-693-2190) OSHA FY 2000 budget request President Chnton’s budget requestfor FY 2000 calls for a $35 1 m&on increasein funding for OSHA, including substantialincreases to help employers and employees meetsafety and health standards and to enforcethoseprotections m the workplace The increasem funding sought for OSHA, from $353 m&on m the current fiscal year to $388 1 mllhon m FY 2000, includes $12 1 m&on for federal compliance assistance and $8 3 m&on for federal enforcement “The proposed increases rcmforcc our commitment to expanded outreach and trammg for employersand employees, as well as strong enforcement targeted toward those workplaces we know have serious safety and health problems,? said AssistantSecretary of Labor for Occupational Safety and Health Charles N Jeffress The enforcement component of the proposed budget Includesadditional funds and personnel to support and strengthen actlvltles m hlgh- hazard workplacesand to pay for assumption of safety and health coverage m the US Postal Serviceasmandated by the Postal ServiceSafety Enhancement Act of 1998 It also provides money for estabhshmg the capability for Altematwe Dispute Resolution, which could avoid costly and time-consummg htlgatlon over enforcement 1074.9098/99/$10 00 0 1999 Amencan Chemical Society

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REGULATORY FORECAST

Be sure to review the new requirements before performing inspections involving methylene chloride

OSHA amends the methylene chloride standard

On Sept 22, 1998, OSHA published, m the Federal Register, amendments to the standard for regulating occupational exposure to methylene chloride (29 CFR 1910 1052) The amendments were the result of a requested motion for reconslderatlon filed by the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), the Halogenated Solvents Industry Alliance, Inc , and others

The OSHA standard for methylene chloride was promulgated on Jan 10, 1997 It reduced the permlssrble exposure hmlt (PEL) from 500 ppm to 25 ppm The standard went through review by Congress per the Small Business Regulatory Enforcement Fairness Act of 1996 It also was challenged m court by UAW because it does not have a medical removal provslon, and by the Halogenated Solvents Industry Alliance, which claims that OSHA did not adequately consider the impact on small business and which recommends a PEL of 50 ppm

The amendments are as follows l Mod@ the medical surveillance provisions

to Incorporate temporary medical removal protection (MRP) The temporary MRP is accorded employees who are removed or transferred to another lob because of a medical determination that exposure to methylene chloride may aggravate or con- tribute to exlstmg skin, heart, liver, or neurological disease The compliance date for the new MRP provlslons was Ott 22, 1998, for all employers

l Change the startup dates by which employers who use methylene chloride m certain work operations (1) must use respirators to protect employees exposed above the &hour time- weighted-average (TWA) permissible exposure limit (PEL), and (2) must have mstltuted feaa- ble engmeenng controls for achlevmg the short-term exposure hmlt (STEL) and &hour TWA PEL Table 1 shows the startup dates for all provlslons of the standard

l Require employers who have been granted a time extension for implementing engmeer- mg controls and respiratory protection m order to achieve the 8-hour TWA PEL, and who have done exposure momtormg mdlcat- mg that the STEL 1s not exceeded, to nonethe- less continue to monitor the STEL exposures

6 Chemical Health & Safety, March/Aprd 1999

at 3-month intervals until they have lmple- mented such engineering controls and/or respiratory protection The startup date for these employers to resume STEL exposure momtormg was Ott 22, 1998 Because the MRP requirements and the

alteration to the STEL momtonng requirement are now m effect, compliance officers w111 need to review them before performing future mspectlons mvolvmg methylene chloride Although the MRP provlslons are similar to those contamed m the morgamc lead standard (29 CFR 1910 1025), they require a close review The methylene chloride compliance directive, CPL 2-2 68, 1s being updated to cover and explain these amendments m further detail If you have questions about enforcing the amendments, contact OSHA’s Office of Health Compliance Assistance (202-693-2190)

OSHA FY 2000 budget request President Chnton’s budget request for FY 2000 calls for a $35 1 m&on increase in funding for OSHA, including substantial increases to help employers and employees meet safety and health standards and to enforce those protections m the workplace The increase m funding sought for OSHA, from $353 m&on m the current fiscal year to $388 1 mllhon m FY 2000, includes $12 1 m&on for federal compliance assistance and $8 3 m&on for federal enforcement

“The proposed increases rcmforcc our commitment to expanded outreach and trammg for employers and employees, as well as strong enforcement targeted toward those workplaces we know have serious safety and health problems,? said Assistant Secretary of Labor for Occupational Safety and Health Charles N Jeffress

The enforcement component of the proposed budget Includes additional funds and personnel to support and strengthen actlvltles m hlgh- hazard workplaces and to pay for assumption of safety and health coverage m the US Postal Service as mandated by the Postal Service Safety Enhancement Act of 1998 It also provides money for estabhshmg the capability for Altematwe Dispute Resolution, which could avoid costly and time-consummg htlgatlon over enforcement

1074.9098/99/$10 00 0 1999 Amencan Chemical Society

lnrtial monrtonng Feb 4.1998

Englneerlng controls Respirators to achieve 8-hour TWA PEL

Respirators to achieve STEL

Sept 22,1998, modifications to the medical swelllance provisions to incorporate MRP All other provislons

Employers with fewer than 20 fitUplO)%3EtS

April 10, 2000

April IO, 1998 (except April 10, 2000, for selected applicationsa, polyurethane foam manufacturers, and foam fabricators) April 10, 1998

Ott 22.1998

April 10, 1998

a The selected applications are furrnture refinishing, general avlatlon aircraft stnpptng, product formulation, and use of methylene chloride-based adhesives for boat building and repair, recreational

Palyurethane foam manufacturers

Dee 21,1997, if 20-99 employees, Sept 7, 1997, if more than 99 employees act 10,1999, If 20

or more employees Ott IO, 1999, If 20

or more employees

Jan 5, 1998, if 20-99 employees, Dee 21,1997, if more than 99 employees Ott 22,1998

Jan 5, 1998, if 20-99 employees, Dee 21,1997, if more than 99 employees

Sept 7,1997

April 10,200O

April IO, 2000

selectedapplb WiSS~WithSOW

more- All ofhsr and foam fabrfca- em@loyers with tars with 150 aowmt3lB

~mW- empkDyees

Sept 7,1997 Sept 7,1997

April IO, 1999

April lo,1999

April 10, 1998

Dee 21,1997

Dee 21,1997 Dee 21,1997 Dee 21,1997

Ott 22,1998

Dee 21,1997

Ott 22,1998 Ott 22,1998

Dee 21,1997 Dee 21, 1997

Increased funds for federal compliance assistance and personnel would enable OSHA to place a technical assistance speclahst wlthm reach of every American busmess These speclahsts would provide outreach and trammg to employer and employee groups and help expand voluntary partnerships Included m the request 1s $3 5 m&on to increase the number of targeted trammg grants available under the Susan Harwood Training Grant Program There also would be an additional $700,000 for development of “expert advisor” computer software, which helps employers and employees fmd on-the-

lob hazards and comply with specific standards

The request also includes an increase of $3 4 million for state- operated occupational safety and health programs, from $80 1 mllhon m FY 1999 to $83 5 million m FY 2000 This increase includes money to fund a new plan for New Jersey to provide safety and health coverage for its state and local government employees “Public sector employees are often involved m high-risk actlvltles and would benefit from the same work- place safety and health regulatory protection as workers m the private sector:’ Jeffress said

An increase of $800,000 for the safety and health standards programs, to $13 1 million, includes $400,000 for reviewing significant final rules to determine whether they are achieving their benefits and compliance goals and for customer surveys that measure satlsfactlon with development and delivery of OSHA programs and services A total of $8 1 mllhon 1s requested for maintenance, replemsh- ment, and investment m the mfor- matlon technology (IT) infrastructure

The text of this news release 1s on the Internet at http //www osha gov/ medla/oshnews/feb99/ 0

Chemical Health & Safety, March/April 1999 7