Government Affairs

ASSE Government Affairs Updates

The following information is drawn from the ASSE Government Affairs website.

Manual on Uniform Traffic Control Devices 2009 Edition Available

The new MUTCD has been released.  It incorporates the recent FHWA rule, the ANSI/ISEA 107 - 2004 standard, and applies to most all roadways.  It also allows for emergency responders and public safety employees to use the smaller ANSI/ISEA 207 -2006 style vests.

http://mutcd.fhwa.dot.gov/kno_2009.htm

New OSHA Construction Standards

New Construction OSHA standards effective October 1, 2009 NC DOL OSH Division has adopted new construction standards for Cranes and Derricks.  They go into effect on October 1st of this year.  There is a certification requirement for operators that will go into effect in two years (9/30/11).  The 27 rules are: 13 NCAC 07F .0901 to .0927.  The text can be found on NCDOL's website:

http://www.nclabor.com/osha/etta/state_specific_rules/stds.htm

They are also offering free training around the state.  The dates and locations can also be found on their web site.

New North Carolina State Legislation

We have some new rules in NC. One from DEHNR and two from DOL (OSH). See the summaries below:

NC 5570 2008

STATE ID: 22:23 NCR 2073
AGENCY: Department of Environment and Natural Resources/Environmental Management Commission
TITLE: Emission Control; Monitoring; VOCs; Vapor Recovery
PROPOSED: 06/02/2008
ADOPTED: 02/02/2009
SUMMARY: Clarifies rules regarding the following: emission control standards; monitoring compliance; volatile organic compounds (VOCs); vapor recovery; incinerators; permit procedures; and construction and operation permits.
AGENCY CONTACT: Michael Abraczinskas, Division of Air Quality, 1641 Mail Service Center, Raleigh, NC 27699-1641, 919-715-3743, fax 919-715-7476, Michael.abraczinskas@ncmail.net
CITATION: 15A NCAC 02D .0521, .0614, .0901-.0902, .0909, .0952-.0954, .1110, .1205, .1212; 02Q .0102, .0304, .0902

STATUS:

NC 5625 2008

AGENCY: Department of Agriculture and Consumer Services/Pesticide Board
TITLE: Prevention of Agricultural Pesticide Exposure
PROPOSED: 10/15/2008
ADOPTED: 06/01/2009
SUMMARY: Revises rules regarding the prevention of agricultural pesticide exposure.
AGENCY CONTACT: James Burnette, 1090 Mail Service Center, Raleigh, NC 27699-1090, 919-733-3556, fax 919-733-9796, james.burnette@ncagr.gov
CITATION: 02 NCAC 09L .1002, .1402, .1807

STATUS:

NC 5659 2008

STATE ID: 23:12 NCR 1090
AGENCY: Department of Labor
TITLE: Federal OSHA Standards
PROPOSED: 12/15/2008
ADOPTED: 06/01/2009
SUMMARY: Adds rules which protect employees from the hazards associated with hoisting equipment when used to perform construction activities and will affect establishments across a variety of different construction industries with work involving cranes and derricks.
AGENCY CONTACT: Erin T. Gould, 1101 Mail Service Center, Raleigh, NC 27699, ph 919-733-7885, f
919-733-4235, erin.gould@labor.nc.gov
CITATION: 13 NCAC 07F.0901 thru .0927

STATUS:

NC 5667 2009

STATE ID: 23:14 NCR 1321
AGENCY: Department of Labor
TITLE: Occupational Health- Toxic and Hazardous Substances
PROPOSED: 01/15/2009
ADOPTED: 06/01/2009
SUMMARY: Outlines the permissible exposure limits (PELs) for various air contaminants to comply with a current court decision.
AGENCY CONTACT: Erin T. Gould, 1101 Mail service Center, Raleigh, NC 27699-1101, 919-733-7885,
fax 919-733-4235, erin.gould@labor.nc.gov
CITATION: 13 NCAC 07F.0106

STATUS:

North Carolina Bans Text-Messaging While Driving

North Carolina has become the 14th state to pass a law banning all drivers from text messaging while driving. According to the Governors Highway Safety Association, in the first six months of 2009, seven states passed legislation banning text messaging while driving, bringing the total to 14 states and the District of Columbia. Washington-based GHSA posts state-specific information on cell phone driving laws on its Website.

Although the number of states banning text messaging while driving is expected to grow, Janet Froetscher, National Safety Council president & CEO, cautions that texting is only part of the ban advocated by the council. "No matter how you use a cell phone, for texting or conversation, your mind is on the cell phone, not on driving. Drivers using cell phones are at a four times greater risk of crashing than other drivers. We are calling for states to ban all forms of cell phone use while driving."

If you want to know more about our legislatures efforts in the arena of cell phone and texting while driving, go to the following link: http://handsfreeinfo.com/north-carolina-cell-phone-laws-legislation

FHWA Rules Require Class 2 Vest for Right of Way Workers

The FHWA rule on workers requires a class 2 vest for anyone working in the federal aid right of way. They issued a temporary change allowing firefighters to where their turnout gear when they were cleaning up spills or fighting a fire. After that was done and they were still working in the right of way, they needed a class 2 vest. This finalizes that temporary situation. Also, many of us anticipate the new MUTCD version will apply the overall vest requirement to all roads impacted by the MUTCD, not just federal aid right of way.

See http://tinyurl.com/m6lgmu for more information.

North Carolina Pandemic Influenza Plan Available

Pandemic Flu is on CDC, OSHA, Homeland Security, NIOSH, etc's radar. Is it on yours? There are lots of resources and guidance coming out almost daily on the web. Check out the North Carolina Pandemic Influenza Plan online at http://www.epi.state.nc.us/epi/gcdc/pandemic.html.

North Carolina State Legislation

Some of legislation that is on the agenda in NC this year.

NC H 42

AUTHOR: Glazier (D)
TITLE: Science Safety in Schools
INTRODUCED: 02/04/2009
LAST AMEND: 03/30/2009
SUMMARY: Implements science safety measures in the public schools.

STATUS:

03/31/2009 To SENATE Committee on EDUCATION AND HIGHER EDUCATION.

NC H 761

SAME AS: NC S 700
AUTHOR: Gibson (D)
TITLE: Dry Cleaning Solvent Act
INTRODUCED: 03/25/2009
SUMMARY:
Extends sunset dates applicable to the Dry-Cleaning Solvent Cleanup Act, the dry-cleaning solvent cleanup fund, and the dry-cleaning solvent tax; allows the use of state and local land-use controls and deed notices in lieu of land-use restrictions for properties in the area of contaminated dry-cleaning sites, not including properties on which a dry-cleaning facility is or was located which is the source of a sites contamination.

STATUS:

NC H 823

SAME AS: NC S 993
AUTHOR: Harrison (D)
TITLE: Toxic Flame Retardants
INTRODUCED: 03/30/2009
SUMMARY: Relates to advancing fire safety while protecting infants, children, and others from brominated flame retardant in products for sale; creates a tax incentive for manufacturers to develop alternative product designs without certain chemical flame retardants for fire safety standards.

STATUS:

NC H 1052

AUTHOR: Blue (D)
TITLE: Pesticide Law
INTRODUCED: 04/06/2009
SUMMARY: Strengthens Pesticide Law for the protection of workers.

STATUS:

NC H 1151

SAME AS: NC S 806
AUTHOR: Farmer-Butterfi (D)
TITLE: Lead Based Paint Hazard and Renovations
INTRODUCED: 04/08/2009
SUMMARY: Establishes requirements for registration and certification of persons performing lead-based paint renovation work in certain residential housing and child-occupied facilities; requires accreditation of renovation trainers and renovation training courses.

STATUS:

NC H 1218

AUTHOR: Allred (R)
TITLE: Public Spaces and Sludge
INTRODUCED: 04/08/2009
SUMMARY: Prohibits persons who have obtained a permit for the land application of sludge; prohibits persons who have obtained a permit for the land application of septage from applying the sludge or septage on any public parks, school grounds, or athletic fields and to require the posting of public notices of the risks of toxic contaminants in sludge and septage.

STATUS:

NC H 1287

AUTHOR: Harrison (D)
TITLE: Recycling Mercury Related Products
INTRODUCED: 04/09/2009
SUMMARY: Requires all state agencies to recycle all spent fluorescent lights and mercury thermostats; requires the removal of all fluorescent lights and mercury thermostats from buildings prior to demolition; bans mercury containing products from unlined landfills.

STATUS:

NC H 1335

AUTHOR: Gibson (D)
TITLE: Air Toxin Regulation
INTRODUCED: 04/09/2009
SUMMARY: Eliminates State Regulation of emissions of air toxics when these emissions are regulated under the Federal Clean Air Act.

STATUS:

NC H 1388

AUTHOR: Fisher (D)
TITLE: Brownfields Property Notifications
SUMMARY: Expands the public notice requirement regarding a prospective developer's intent to redevelop a brownfields property and to remove the condition under which the register of deeds is not required to record the cancellation of the notice of brownfields property after the hazards have been eliminated.

STATUS:

NC H 1426

SAME AS: NC S 887
AUTHOR: Gibson (D)
TITLE: Electronics Recycling Law
SUMMARY: Makes further substantive, clarifying, technical, and conforming amendments to the laws governing the management of discarded computer equipment and discarded televisions.

STATUS:

NC H 1427

AUTHOR: Gibson (D)
TITLE: Computer Recycling Provisions
SUMMARY: Makes further substantive, clarifying, technical, and conforming amendments to the laws governing the management of discarded computer equipment and discarded televisions.

STATUS:

NC H 1441

AUTHOR: Harrison (D)
TITLE: Greenhouse Gas Emissions Reduction Act
SUMMARY: Requires the Department of Environment and Natural Resources to develop, maintain, and publish a greenhouse gas emissions inventory; requires the state to reduce greenhouse gas emissions according to a certain schedule; requires the Department of Environment and natural resources to develop a two-step implementation plan to reduce greenhouse gas emissions statewide; requires monitoring and reporting to ensure implementation of the greenhouse gas emissions reduction plan.

STATUS:

NC S 700

SAME AS: NC H 761
AUTHOR: Rand (D)
TITLE: Cleaning Solvent Act
INTRODUCED: 03/24/2009
SUMMARY: Extends sunset dates applicable to the Dry Cleaning Solvent Cleanup Act, the dry-cleaning solvent cleanup fund, and the dry-cleaning solvent tax; allows the use of state and local land-use controls and deed notices in lieu of land-use restrictions for properties in the area of contaminated dry-cleaning sites, not including properties on which a dry-cleaning facility is or was located which is the source of a site's contamination.

STATUS:

NC S 719

AUTHOR: Clodfelter (D)
TITLE: Environmental Laws
INTRODUCED: 03/24/2009
SUMMARY: Amends certain environmental and natural resources laws: repeals the requirement that seasonal state park employees wear a uniform vest; requires electronic reporting of environmental lead test results and blood lead test results; clarifies the fee structure for food and lodging permits; revises the sunset provision for nutrient offset payments.

STATUS:

NC S 746

AUTHOR: Queen (D)
TITLE: Energy and Technology Recommendations
INTRODUCED: 03/24/2009
SUMMARY: Implements the recommendations of the energy, science and technology committee.

STATUS:

NC S 752

AUTHOR: Clodfelter (D)
TITLE: Food Safety Training Rules
INTRODUCED: 03/24/2009
SUMMARY: Authorizes the Commission for Public Health to adopt rules to require food safety training for owners and operators of establishments that prepare or serve food to the public.

STATUS:

NC S 806

SAME AS: NC H 1151
AUTHOR: Purcell (D)
TITLE: Lead Based Paint Hazards
INTRODUCED: 03/25/2009
SUMMARY: Establishes requirements for registration and certification of persons performing lead-based paint renovation work in certain residential housing and child-occupied facilities; and to require accreditation of renovation trainers and renovation training courses.

STATUS:

NC S 865

AUTHOR: Hoyle (D)
TITLE: Toxic Title Source State Regulation
INTRODUCED: 03/26/2009
SUMMARY: Removes hazardous Title V sources of air pollution from state regulation, which applies health-based air quality standards, to the end that these hazardous Title V sources will be subject to regulation under only the Federal Clean Air Act, which applies maximum achievable control technology standards.

STATUS:

NC S 993

SAME AS: NC H 823
AUTHOR: Bingham (R)
TITLE: Toxic Flame Retardants
INTRODUCED: 03/26/2009
SUMMARY: Relates to advancing fire safety while protecting infants, children, and others from brominated flame retardant in products for sale and creates a tax incentive for manufacturers to develop alternative product designs without certain chemical flame retardants for fire safety standards.

STATUS: