SAFE PRACTICE
Efforts Strengthen Chemical Safety in the Workplace Beryllium
DARREN J. HUNTER, ROONEY, RIPPIE & RATNASWAMY LLP, CHICAGO
directed to the Occupational Safety and Health Administration (OSHA) to strengthen its chemical safety regula- tions. In response to this and other fac- tors, OSHA has begun that process. OSHA’s chemical safety regulations
O
are set forth in various subparts of the General Industry and Construction standards; the critical regulations are contained in Subpart H (“Hazardous Materials”) and Subpart Z (“Toxic and Hazardous Substances”). Tese include process safety management (PSM) of highly hazardous chemicals (29 CFR § 1910.119), hazardous waste operations and emergency response, better known as HAZWOPER (29 CFR § 1910.120), and hazard communication, known as the HazCom standard (29 CFR § 1910.1200). OSHA also regulates specific chemicals and substances, such as asbestos, inorganic arsenic and lead. While the specific requirements
for each regulated substance differ, OSHA uses a similar general approach and formula for each substance. It sets permissible exposure limits (PELs) and identifies parameters that are designed to limit employee exposure and protect employees who are exposed, particularly if the exposure exceeds the limit. Tese requirements focus on employee noti- fication and training, personal protec- tive equipment, respiratory protection, exposure monitoring, decontamination and medical monitoring, among other things. Indeed, OSHA’s proposed and hotly disputed silica standard follows this same general approach and formula. For many other substances that are not specifically regulated, OSHA has set general PELs (29 CFR § 1910.1000). Although chemical safety require-
ments are comprehensive and onerous, OSHA is working to increase its regula- tory grip. Here are a few key measures OSHA has initiated in recent years.
Hazard Communication In 2012, OSHA rewrote the
HazCom standard to align with the
ver the years, the U.S. Chemical Safety Board (CSB) has issued a number of recommendations
Globally Harmonized System of Clas- sification and Labeling of Chemicals (GHS). Specifically, it overhauled the format and requirements for safety data sheets and product labeling. Employers were required to complete training in 2013 and are required to comply with the new standard by June 1, 2015. Te new HazCom standard is in many ways the centerpiece of OSHA’s renewed em- phasis on chemical safety. Read the Fact Sheet at
http://tinyurl.com/lx7l9dl.
Process Safety Management (PSM) PSM arguably is OSHA’s most
complex standard. At the end of 2013, OSHA issued a request for information (RFI) seeking comments on how it may modernize and strengthen it, following the White House “Executive Order— Improving Chemical Facility Safety and Security.” Among other things, OSHA is exploring whether it is feasible to eliminate certain exemptions, such as the atmospheric storage tank exemption, and ways to streamline management of change. Te comment period is closed and OSHA is considering next steps. Notably, the U.S. Environmental
Protection Agency (EPA) recently issued an RFI regarding its Risk Management Program (RMP) (
http://tinyurl.com /nyl3s7n), which is EPA’s parallel regula- tion on chemical safety. Whereas PSM focuses on chemical safety in the work- place, RMP focuses on chemical safety in the surrounding environment. It is unclear what changes OSHA will make to the PSM standard (see http://tinyurl .com/mtchxgk), but it is likely OSHA and EPA will work in tandem to ensure the amendments are consistent.
Chemical Management Standards Most of OSHA’s PELs have been in
effect since 1971. Over the years, OSHA has considered updating them and developing new standards, and it is taking a closer look at this with an eye toward more stringent PELs. While new PELs will not be implemented in the immediate future, industry can ex- pect changes. Te OSHA docket can be found here:
http://tinyurl.com/o5ewlvb.
OSHA set a PEL for beryllium, but
as with crystalline silica, it wants a more comprehensive standard. It published an RFI in 2002 and completed its Small Business Advocacy Review Panel in 2008. A proposed rule is expected in 2014.
National Emphasis Programs OSHA has 12 active National
Emphasis Programs (NEPs) (see http://
tinyurl.com/osnfahl). As a function of these, it has ramped up enforcement in facilities that fall within their scope. Seven NEPs relate specifically to
chemical safety. Of those, silica and combustible dust are the subject of rulemaking efforts. OSHA published a Notice of Proposed Rulemaking on crys- talline silica on September 12, 2013, and placed combustible dust on its regulatory agenda. OSHA regulates three of the NEPs—hexavalent chromium, isocya- nates and lead. Another, process safety management, is heavily regulated, and it appears OSHA will increase the scope of its oversight. Lastly, primary metals re- lates specifically to chemical and physical hazards in the cast metal industry.
Advisory Bulletins OSHA has published a Toolkit
(
http://tinyurl.com/ltg5mkj) encouraging employers to transition to safer chemicals in the workplace. It recommends: • Engaging workers and a team to develop a plan.
• Examining current chemical use in the workplace.
• Identifying alternatives. • Assessing and comparing alternatives. • Selecting the alternatives. • A small-scale pilot program to evalu- ate the alternatives in the workplace.
• Implementing alternatives on a full scale.
With a renewed focus on chemi-
cal safety, the path OSHA ultimately will take and the scope of its increased authority are not yet clear. But, stronger regulations on chemical safety in the workplace are inevitable.
Contact the author at
darren.hunter@
r3law.com,
www.r3law.com.
September 2014 MODERN CASTING | 47
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