What’s Up in Washington?

1. Bradley Sant Sr. Vice President, Safety & Education What’s Up in Washington?

3. Today’s Schedule OSHA Environment Regulatory Agenda FHWA How Can We Help?

4. The Environment Since the 2012 Election • OSHA Assistant Secretary David Michaels appears to be staying in place. During the first term, his agenda pushed: • Aggressive regulatory agenda • Promulgation of New Standards • Compliance through “Shaming”

5. Likely OSHA Priorities • Injury and Illness Prevention Program (I2P2) is No. 1 • Comprehensive update of the permissible exposure limits (PELs) • New standards for silica, beryllium and combustible dust • Focused funding on enforcement to show enforcement has an impact

6. “Daily” Press Releases

7. OSHA Today • OSHA leadership is: • Vocal about of protecting workers • Familiar with making industry a target • Inclined to treat non-union employers differently than union employers • Enforcement driven • Focused on big penalties and daily press releases

8. Department of Labor Secretary of Labor Hilda Solis: Gone. • Replacement: Likely to be playing more defense than offense. Pressure for more diversity in Cabinet. • Some Buzz: Maria Echaveste, former deputy chief of staff for former President Clinton. • Arlene Holt Baker, AFL-CIO executive vice president (as a nod to organized labor).

9. Second Term President • Obama Administration • Focused on Legacy • “Re-election” not an issue; no need to “hold back“ • Focus on enforcement • Efforts to repay base of support (Organized Labor)

10. RegulatoryAgenda December 21, 2012

11. Regulatory Agenda – December 21, 2012

12. Silica • The current OSHA permissible exposure limit for construction (PEL) was developed in 1970. • NIOSH and ACGIH recommend cutting that exposure limit in half. • OSHA is looking towards a comprehensive standard to provide for exposure monitoring, medical surveillance, and worker training. • OSHA is looking at ASTM standards and a comprehensive program standard recommended by the Building Construction Trades Department of the AFL-CIO.

13. Confined Spaces in Construction • In 1993, OSHA issued a rule for general industry (29 CFR 1910.146). • No comparable standard for construction. • OSHA closed the record for comment in October 2008. • Made a failed attempt to promulgate a rule. • New final rule scheduled for July 2013.

14. Injury & Illness Prevention Program – I2P2 • OSHA’s highest regulatory priority • Requirement to develop and implement a plan that identifies hazards in the workplace and establishes methods to eliminate or mitigate the hazards – shifts the burden to employers • Looking at VPP practices, ANSI and AIHA consensus standards

15. Preventing Backovers • 51% of worker on foot fatalities in highway work zones involved backing vehicles. • Technologies may prevent incidents, including cameras and proximity detection systems. • The use of spotters and internal traffic control plans can also make backing operations safer.

16. Reinforced Concrete • Related to post-tensioning and reinforcing steel. • Data indicates that 33 workers died while performing work on or near post-tensioning operations or reinforcing steel between 2000 and 2009. •  OSHA currently has few rules which address the steel reinforcing and post-tensioning activities directly. 

17. Injury & Illness Reporting • Would exempt some low-hazard industries from reporting to OSHA, while adding others. • References the North American Industry Classification System (NAICS), replacing Standard Industrial Classification (SIC) codes. • Shortens the reporting time period to OSHA for serious injuries, fatalities and catastrophes.

18. OSHA Standards Improvement Project • Regulatory Review • Announced December 6, 2012 • Comments Due February 4, 2013

19. Are OSHA Standards Relevant? • This program is designed “to improve and streamline OSHA standards by removing or revising requirements that are confusing or outdated, or that duplicate, or are inconsistent with, other standards.”

20. Manual on Uniform Traffic Control Devices • ARTBA recommends OSHA use its “Directed Final Rule” process to update its reference to the most current version of FHWA’s MUTCD. (Currently references the 2000 edition.) • ARTBA recommends whenever FHWA issues a new version of the MUTCD, OSHA will begin a direct final rulemaking process to reconcile its reference to the most current FHWA version.

21. Federal Highway Administration

22. Changes are coming . . . • Secretary Ray LaHood announced Tuesday he is leaving . . .

23. MUTCD • On January 11, FHWA requested comments on the possibility of splitting the MUTCD into two separate documents. • One document would contain federal requirements, and the second document would contain guidance (which are not federal requirements, but are recommended practices). • Responses are due March 12, 2013.

24. What does this mean for you?

25. Take Advantage of Your Resources!

26. National Work Zone Safety Information Clearinghouse • Worlds Largest “Cyber Library” of work zone safety materials • Free Webinars • Free Safety Seminars and Conferences • Listserv with 1500 participants • Excellent Source for Free Safety Training Materials • FHWA Work Zone Training Grants

27. Preventing Runovers and Backovers • 4-hour and 2-hour courses on preventing runovers and backovers in roadway work zones • Explains in detail how to use “Internal Traffic Control Plans” • Based on over a decade of research by NIOSH and Industry • Free via OSHA Harwood Supported Training

28. Roadway Safety+ • Most comprehensive course available to industry • Developed by unique partnership with contractor associations, labor unions and government • 34 Different Training Modules • Worker and Manager Levels • 9 Guidance Documents • Free via FHWA Work Zone Training Program

30. 202-289-4434 bsant@artba.org Bradley Sant