Moderator: Speaker:KIM MESSER THOMAS E. KRAMER, P.E., C.S.P. KMesser@LJBinc.com TKramer@LJBinc.com

OSHA PROPOSED REGULATIONS:

LATEST DEVELOPMENTSMARCH 2011

2

BOTTOM LINE UPFRONT

1. This regulation is coming

2. Cost impact

3. Lack of a risk based approach to hazard identification

3

LEARNING OBJECTIVES

1. Summarize the status of the proposed regulation

2. Identify documents of interest

3. State actions to assist your organization

4

AGENDA

Background on proposed regulation

Latest developments from public hearings

Next steps: take-aways

5

CALL TO ACTION

1. Read Proposed Regulatory Text (pages 29131 to 29153)

2. Submit comments that either address the issues that OSHA

has identified or affects your industry.

3. Implement ANSI Z359.2Fall hazard survey report

Procedures

Training requirements

4. Work to eliminate all fall hazards

6

BACKGROUND

1971 – 29CFR 1910 Subpart D was adopted＞ Originally based on pre-1971 ANSI standards

＞ Little change since adoption

＞ Not consistent with standards developed for shipyards and

construction

1973 – OSHA proposed revision

1976 – OSHA withdrew proposed revision

7

BACKGROUND-cont.

1984 – OSHA issues Std 1-1.13

1990 – OSHA proposed another revision＞ Reorganize, update and clarify the subpart

＞ Add personal fall protection requirements to subpart I

2003 – Rulemaking record reopened

2005 – Decide to redraft entire rule＞ Comments that 1990 rule was outdated

＞ Did not give adequate consideration to newer technology

May 24, 2010 – OSHA issues proposed subparts D & I

8

WHY UPDATE THE REGULATION?

Reduce fall injuries and fatalities by ＞ Updating to include new technology (PFAS)

＞ Updating to include new industry standards

Reorganizes rule in clearer manner

Provides greater compliance flexibility

Written in plain language

Increases consistency with construction and maritime

regulations

9

ITEMS OF INTEREST – TOP 10

10. ANSI vs. OSHA

9. OSHA is making 1910 consistent with 1926 and 1918

8. Designating anchorages

7. Number of fatalities this addresses

6. Lack of reference to STD1-1.13

10

ITEMS OF INTEREST – TOP 10

5. Allows use of PFAS in situations where fall hazard is 4 feet

4. Unprotected edge issue and use of less protective in short term

situations

3. Inconsistency for load rating of nets vs. fall arrest anchors

2. Cost considerations

1. Grandfather clause

11

NOTABLE OMISSIONS

Reference to STD 1-1.13

Competent person authority

Hierarchy of control observance

Inspection exemption similar to 1926

Load rating

12

NOTABLE OMISSIONS

Snap hook gate strength＞ Recent letter of interpretation from October 13, 2009

Equipment for free fall > 6’

Heavy weight worker

Fall back on ladder safety devices is not addressed

SRL or VLL over an edge

More on rescue＞ Safety and Health Information Bulletin from 2004

13

AGENDA

Background on proposed regulation

Latest developments from public hearings＞ Docket website

• http://www.regulations.gov/#!searchResults;rpp=10;po=0;s=OSHA-2007-0072

＞ Timeline of process

＞ Docket

＞ Topics of interest

Next steps: take-aways

14

TIMELINE OF PROCESS

May 24, 2010: Proposed standard issued

August 24, 2010: Comments on proposed standard due

November 12, 2010: Notice of public hearing

January 18-21, 2011: Informal public hearings

March 7, 2011: Follow-up information to hearings

April 6, 2011: Final comments due

15

TIMELINE OF PROCESS

Public input is likely over!!

Future: 6 months or MORE＞ OSHA analyzes the docket

＞ OSHA drafts final rule

＞ Legislative process

• Both Houses of Congress vote

• President signs

16

TYPES OF DOCUMENTS

Docket contains 504 documents as of 2 March

Proposed rule – 2

Supporting and related material – 52

Other (transcripts) – 4

Public submission (largest amount of data) – 444 as of

2 March

17

TYPES OF DOCUMENTS

Docket contains 504 documents as of 2 March

Proposed rule – 2

Supporting and related material – 52＞ Other OSHA documents (LOIs, SHIB, variances, etc.)

＞ Reference standards (ANSI, ASTM, etc)

＞ Injury/Illness data from variety of sources

＞ Pre-hearing guidelines and post-hearing order

Other (transcripts) – 4

Public submission (largest amount of data) – 444 as of 2 March

18

TYPES OF DOCUMENTS

Docket contains 504 documents as of 2 March

Proposed rule – 2

Supporting and related material – 52

Other (transcripts) – 4

Public submission (largest amount of data) – 444 as of 2

March＞ Comments for August 24, 2010 deadline

＞ Intent to speak

19

TYPES OF DOCUMENTS

Docket contains 504 documents as of 2 March

Proposed rule – 2

Supporting and related material – 52

Other (transcripts) – 4

Public submission (largest amount of data) – 444 as of 2 March＞ Comments for August 24, 2010 deadline

＞ Intent to speak

＞ Some documents that are copyrighted or confidential provide the

following message:• This document is copyrighted material. A copy is available for viewing in the

OSHA Docket Office/Technical Data Center, FPB, 200 Constitution Avenue, Rm.

N2625, Washington, DC 20210

20

SORTING OF DOCUMENTS

Title of document

Document type (see previous)

Agency (only OSHA in this case)

Document ID – 330 unique items as of 2 March

Posted date

21

DOCUMENTS OF INTEREST

Proposed regulation

Comments from organizations that are related to your industry

including:＞ Unions

＞ Similar organizations

＞ Service providers

Comments from equipment manufacturers and ISEA

Reference documents

22

TOPICS OF INTEREST

Contentious issues – public hearings

Common objections – submissions

Transcripts of hearings

Miscellaneous

23

TOPICS OF INTEREST

Contentious issues – public hearings＞ Window cleaning and specifically the use of RDS

＞ If anyone or any tasks are exempt

• Manufacturers’ view

• Outdoor advertising

• National Chimney Sweep Guild

Common objections – submissions

Transcripts of hearings

Miscellaneous

24

TOPICS OF INTEREST

Contentious issues – public hearings

Common objections – submissions＞ Competent person definition

＞ Construction vs. maintenance

＞ Public employees, especially police and tactical operations

＞ Insurance industry – inspection exemption

Transcripts of hearings

Miscellaneous

25

TOPICS OF INTEREST

Contentious issues – public hearings

Common objections – submissions

Transcripts of hearings＞ View of manufacturers

Miscellaneous

26

TOPICS OF INTEREST

Contentious issues – public hearings

Common objections – submissions

Transcripts of hearings

Miscellaneous＞ NFPA comments

＞ Small business administration

27

AGENDA

Background on proposed regulation

Latest developments from public hearings

Next steps: take-aways

28

SUBMITTING COMMENTS

Due April 6, 2011

Submit electronically online, fax or regular mail

Include Docket No. OSHA-2007-0072

29

LEARNING OBJECTIVES

1. Summarize the status of the proposed regulation

2. Identify documents of interest

3. State actions to assist your organization

30

CALL TO ACTION

1. Read Proposed Regulatory Text (pages 29131 to 29153)

2. Submit comments that either address the issues that OSHA

has identified or affects your industry.

3. Implement ANSI Z359.2Fall hazard survey report

Procedures

Training requirements

4. Work to eliminate all fall hazards

Moderator: Speaker:KIM MESSER THOMAS E. KRAMER, P.E., C.S.P. KMesser@LJBinc.com TKramer@LJBinc.com

OSHA PROPOSED REGULATIONS:

LATEST DEVELOPMENTSMARCH 2011