Page 102 - Occupational Health & Safety, September 2017

COMBUSTIBLE DUST
Why You Shouldn’t Put Off Your Safety Initiatives, Even When OSHA Rules are Delayed
Just because some rules are delayed doesn’t mean they’re off the table. In fact, many experts believe they will still move forward, possibly in their current form.
BY JAMIE O’NEILL O
supported by Republicans, Democrats, business, and labor groups alike.
The point is that just because some rules are de- layed doesn’t mean they’re off the table. In fact, many experts believe that they will still move forward, pos- sibly in their current form.
For example, workplace safety labor and employ- ment attorney Howard Mavity told Business Insurance that he doesn’t see the beryllium rule as vulnerable be- cause it isn’t particularly disruptive. “Although there were industry groups that attacked it, there was also decent cooperation between the main manufacturer of beryllium and steelworkers,”7 he noted, adding that some employers may not like the beryllium rule, but that likely won’t be enough to stop it.
The same thing can probably be said about the silica dust rule and other OSHA regulations that are being contested. There may be additional delays. But if history is any indication, even with these fits and starts, worker safety laws will move forward. And companies that prioritize safety initiatives now will find themselves in the best position to deal with the regulatory environment of the future.
OSHA Can Issue Fines Even
Without Standards in Place
OSHA currently doesn’t have a combustible dust standard. The agency started taking preliminary steps toward developing a standard in 2009. But further action has been delayed multiple times, and the stan- dard was recently removed from the agency’s regula- tory agenda entirely, signaling that it could be some time before a final rule is in place.
However, this doesn’t mean employers can’t be cited for combustible dust violations. As Nilfisk Ap- plication Engineer Stephen Watkins wrote in this publication earlier this year, the idea that no standard means no fines is one of the biggest misconceptions about combustible dust.8
OSHA issued its directive on the Combustible Dust National Program in 2007 and reissued it in 2008 “to intensify its focus on this hazard.”9 Accord- ing to the directive, facilities that contain combustible dust, and have allowed it to accumulate to a hazardous level can be cited under several sections of the Code of Federal Regulations (CFR), including:
■ 29 CFR 1910.22—General requirements (housekeeping)
■ 29 CFR 1910.176(c)—Housekeeping in storage areas
■ 29 CFR 1910.272—Grain handling facilities
■ 29 CFR 1910.307—Hazardous (classified)
ne of President Trump’s promises during his election campaign was to undo federal regulations that had been put in place over the previous eight years. In the first six
months of 2017, the new administration has taken several steps to make good on this promise.
On the worker safety front, we’ve seen a variety of delays, rollbacks, and other moves to rescind new OSHA rules, some of which were years or even de- cades in the making.
■ In March, the effective date for OSHA’s new beryllium rule was delayed for the second time,1 and in June the agency issued a new proposal to revoke certain provisions of the rule for the construction and shipyard industries.2
■ In April, OSHA delayed enforcement of the silica rule for the construction industry.3
■ Just a few weeks ago, OSHA proposed a further delay of the compliance date for its new electronic re- cordkeeping rule.4
■ And on July 20, OSHA released a spring regu- latory agenda that did not include the combustible dust standard that’s been in the works since 2009.5
These may not be the last delays we see as the fed- eral government continues to focus on changing poli- cies they see as overly burdensome to business.
However, these delays shouldn’t be viewed as li- cense for the affected industries to put worker safety on the back burner, and they shouldn’t prevent com- panies from acting now to prevent exposure to work- place hazards. This article explores several reasons companies should continue to prioritize implement- ing their safety plans, even if it’s not required by law.
Progress on Worker Safety Isn’t a Straight Line, But It Still Moves Forward
It may seem like worker safety initiatives have taken some steps backward over the past few months, but progress has never been a straight line. OSHA’s own history shows us how true this is.
Congress passed the Occupational Safety and Health Act in 1970, following three years of bit- ter struggle, which included arguments and delays similar to what we’re seeing now.6 The bill that Nixon eventually signed represented a compromise that was
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