Government Affairs
ASSE Government Affairs Updates
The following information is drawn from the ASSE Government Affairs website.
- OSHA Listens Postponed
- ASSE Joins Safety and Health Groups in Urging Commitment to Safety in Jobs Bill
- FY 11 Budget Season for Safety and Health Agencies Begin
- From the Department of Labor, on the Budget
- OSHA Proposes MSD Column for OSHA 300 Log
- OSHA Withdraws Rulemaking on Fit-testing Protocols
- MSHA Seeks Info on Proximity Detection Systems for Underground Mines
- MSHA Seeks Feedback on Proximity Detection Systems
- OSHA Makes Injury/Illness Data Available in Searchable Database
- NIOSH PtD Update – ASSE Webinar on PtD and Tech Report
- MSHA Begins “Rules to Live By” Campaign
- EPA on Its Budget Request
- EPA Seeks Improved Transparency on Chemical Risks
- PHMSA Advisory Bulletin on Hazardous Liquid Pipeline Leak Detection
- PHMSA Amends Packaging Amendments
- PHMSA Proposes Adjustments to Registration and Fee Assessment Program
- EPA Strengthens Nitrogen Dioxide Standard
- Media Investigates Cal OSHA
- North Carolina Workplace Deaths Dropped 40 Percent in 2009
- In 2009, Workplace Violence Spikes in Washington State
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:
- 06/02/2008 Proposed Rule, COMMENT DL: 08/01/2008, Vol. 22, Issue 23, NCR, 06/02/2008, pp. 2073-2109
- 12/18/2008 Submitted to State Budget. 15A NCAC 02D .1205, .1212, Cumulative Index 01/05/2009
- 12/18/2008 Rule Review Commission Extended Review Deadline (Partial) 15A, NCAC 02D .1205, .1212, Cumulative Index 01/05/2009
- 12/18/2008 Adopted Partial Rule Interim Notice - Pending Publication of Amended Text, Cumulative Index 01/05/2009
- 12/18/2008 Adopted Partial Rule - No Change from Proposal, Cumulative Index 01/05/2009
- 02/02/2009 Adopted Partial Rule - Amended Text, EFFECTIVE: 01/01/2009, Vol. 23, Issue 15, North Carolina Register 02/02/2009 pp.1513-1529
- 02/19/2009 Partial RCC Objection 15A NCAC 02D .1205, .1212, Cumulative Index 03/02/2009
- 03/19/2009 Partial RCC Objection 15A NCAC 02D .1205, .1212, Cumulative Index 03/26/2009
- 05/21/2009 Partial Return to Agency 15A NCAC 02D .1205, .1212, Cumulative Index 05/26/2009
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:
- 10/15/2008 Proposed Rule, COMMENT DL: 12/15/2008, Vol. 23, Issue 08, North Carolina Register 10/15/2008, pp. 702-703
- 03/19/2009 Adopted Partial Rule - No Change from Proposal, Cumulative Index 03/26/2009
- 03/19/2009 Partial RCC Objection 02 NCAC 09L .1002, .1807, Cumulative Index 03/26/2009
- 04/16/2009 Adopted Partial Rule Filing 02 NCAC 09L .1002, .1807, Cumulative Index 04/30/2009
- 05/01/2009 Adopted Partial Rule 02 NCAC 09L .1402, EFFECTIVE: 04/01/2009, Vol. 23, Issue 21, North Carolina Register 05/01/2009 p.2082
- 06/01/2009 Adopted Partial Rule 02 NCAC 09L .1002, .1807, EFFECTIVE: 05/01/2009, Vol. 23, Issue 23, North Carolina Register 06/01/2009 pp.2260-2261
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:
- 12/15/2008 Proposed Rule, COMMENT DL: 12/13/2009, Vol. 23, Issue 12, North Carolina Register 12/15/2008. pp. 1090-1155
- 03/19/2009 Adopted Partial Rule Interim Notice - Pending Publication of Amended Text, Cumulative Index 03/26/2009
- 03/19/2009 Adopted Partial Rule - No Change from Proposal, Cumulative Index 03/26/2009
- 03/19/2009 Partial RCC Objection 13 NCAC 07F .0903, .0904, .0905, .0916, .0919-.0921, Cumulative Index 03/26/2009
- 04/16/2009 Adopted Partial Rule Filing 13 NCAC 07F .0903, .0904, .0905, .0916, .0920, .0921, Cumulative Index 04/30/2009
- 05/01/2009 Adopted Partial Rule 13 NCAC 07F .0901, .0902, .0906-.0915, .0917, .0918, .0920, .0922, .0923, .0924, .0925, .0926, .0927, EFFECTIVE: 07/01/2009, Vol. 23, Issue 21, North Carolina Register 05/01/2009 pp.2099-2139
- 06/01/2009 Adopted Partial Rule 13 NCAC 07F .0903, .0904, .0905, .0916, .0920, .0921, EFFECTIVE: 07/01/2009, Vol. 23, Issue 23, North Carolina Register 06/01/2009, pp. 2264-2288
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:
- 01/15/2009 Proposed Rule, COMMENT DL: 03/16/2009, Vol. 23, Issue 14, North Carolina Register 01/15/2009 pp.1321-1345
- 04/16/2009 Adopted Rule Filing, Cumulative Index 04/30/2009
- 06/01/2009 Adopted Rule, EFFECTIVE: 05/01/2009. Vol. 23, Issue 23, North Carolina Register 06/01/2009 p.2264
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:
- 03/25/2009 INTRODUCED.
- 03/25/2009 To HOUSE Committee on ENVIRONMENT AND NATURAL RESOURCES.
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:
- 03/30/2009 INTRODUCED.
- 03/30/2009 To HOUSE Committee on ENVIRONMENT AND NATURAL RESOURCES.
NC H 1052
AUTHOR: Blue (D)
TITLE: Pesticide Law
INTRODUCED: 04/06/2009
SUMMARY:
Strengthens Pesticide Law for the protection of workers.
STATUS:
- 04/06/2009 INTRODUCED.
- 04/06/2009 To HOUSE Committee on AGRICULTURE.
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:
- 04/08/2009 INTRODUCED.
- 04/08/2009 To HOUSE Committee on COMMERCE, SMALL BUSINESS AND ENTREPRENEURSHIP.
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:
- 04/08/2009 INTRODUCED.
- 04/08/2009 To HOUSE Committee on AGRICULTURE.
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:
- 04/09/2009 INTRODUCED.
- 04/09/2009 To HOUSE Committee on STATE GOVERNMENT AND STATE PERSONNEL.
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:
- 04/09/2009 INTRODUCED.
- 04/09/2009 To HOUSE Committee on ENVIRONMENT AND NATURAL RESOURCES.
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:
- 04/09/2009 FILED.
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:
- 04/09/2009 FILED.
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:
- 04/09/2009 FILED.
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:
- 04/09/2009 FILED.
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:
- 03/24/2009 INTRODUCED.
- 03/24/2009 To SENATE Committee on COMMERCE.
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:
- 03/24/2009 INTRODUCED.
- 03/24/2009 To SENATE Committee on AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES.
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:
- 03/24/2009 INTRODUCED.
- 03/24/2009 To SENATE Committee on RULES AND OPERATIONS OF THE SENATE.
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:
- 03/24/2009 INTRODUCED.
- 03/24/2009 To SENATE Committee on HEALTH CARE.
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:
- 03/25/2009 INTRODUCED.
- 03/25/2009 To SENATE Committee on COMMERCE.
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:
- 03/26/2009 INTRODUCED.
- 03/26/2009 To SENATE Committee on AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES.
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:
- 03/26/2009 INTRODUCED.
- 03/26/2009 To SENATE Committee on COMMERCE.
