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Summary of Changes for 1926 Construction Industry - July 2017 Edition

Listed below are the changes posted in the Federal Register between July 1, 2016 and June 30, 2017 that effect the contents of this book edition.

 
June 28, 2017 Federal Register Volume 82, Nº 123 [RIN 1218-AD16] — Notice of Proposed Rulemaking: Delay of Compliance Date

§§1904.41 and 1904 Appendix A to Subpart E On May 12, 2016, OSHA published a rule entitled "Improve Tracking of Workplace Injuries and Illnesses" with an effective date of January 1, 2017, for the final rule's electronic reporting requirements. The final rule set an initial deadline of July 1, 2017, as the date by which certain employers are required to submit the information from their completed 2016 Form 300A to OSHA electronically. This action proposes to extend the initial submission deadline for 2016 Form 300A data to December 1, 2017, to provide the new administration an opportunity to review the new electronic reporting requirements prior to their implementation and allow affected entities sufficient time to familiarize themselves with the electronic reporting system, which will not be available until August 1. The proposed five-month delay would be effective on the date of publication of a final rule in the Federal Register.

Important: OSHA also intends to issue a separate proposal to reconsider, revise, or remove other provisions of this prior final rule which may effect §§1904.35 and 1904.36. Comments on those provisions will be sought in a separate proposal.

 
June 27, 2017 Federal Register Volume 82, Nº 122 [RIN 1218-AB76] — Notice of Proposed Rulemaking and Postponement of Enforcement Date

§1926.1124 OSHA proposes to revoke the ancillary provisions for the construction sector regarding Beryllium that was adopted on January 9, 2017 but retain the new lower permissible exposure limit (PEL) of 0.2 μg/m³ and the short term exposure limit (STEL) of 2.0 μg/m³. The public comment and OSHA period for review begins on June 27, 2017 and ends on August 28, 2017.

Important: OSHA will not enforce the January 9, 2017 construction standards for Beryllium without further notice while this new rulemaking is underway.

 
May 3, 2017 (Federal Register Volume 82, Nº 84) [RIN 1218-AC84]

§§1904.0, 1904.29, 1904.32, 1904.33, 1904.34, 1904.35, 1904.4, and 1904.40 OSHA's final rule "Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of each Recordable Injury and Illness," published on December 19th 2016 in 81 FR 91792 and effective on January 18th 2017, has been removed from the Code of Federal Regulations. Under the Congressional Review Act, Congress has passed, and the President has signed, Public Law 115-21 which invalidates these previously approved regulatory changes.

Note: Public law 115-21 is the result of a joint resolution that determined "Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness" shall have no force or effect. This law was reviewed and passed as follows:

• March 1: considered and passed by the House of Representatives.

• March 22: considered and passed by the Senate.

• Approved on April 3, 2017 and effective May 3, 2017.

 
March 21, 2017 (Federal Register Volume 82, Nº 53) [RIN 1218-AB76]

§1926.55 and new §1926.1124 In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, entitled "Regulatory Freeze Pending Review," the effective date of revised §1926.55 and new §1926.1124, published in the Federal Register on January 9, 2017 (82 FR 2470), was further delayed until May 20, 2017.

 
February 1, 2017 (Federal Register Volume 82, Nº 20) [RIN 1218-AB76]

§1926.55 and new §1926.1124 In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, entitled "Regulatory Freeze Pending Review," the effective date of revised §1926.55 and new §1926.1124, published in the Federal Register on January 9, 2017 (82 FR 2470), was delayed until March 21, 2017.

 
January 18, 2017 (Federal Register Volume 82 Nº 11) [1290-AA31]

§1903.15 Civil monetary penalties assessed or enforced in OSHA regulations are adjusted for inflation, as directed by the Federal Civil Penalties Inflation Adjustment Act of 1990 which was subsequently amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act).

 
January 9, 2017 (Federal Register Volume 82, Nº 5) [RIN 1218-AB76]

§1926.55 (amended) and §1926.1124 (added) Initially effective March 10, 2017, these sections have Federal Register changes in order to further protect workers from occupational exposure to beryllium and beryllium compounds. New permissible exposure limits of 0.2 micrograms of beryllium per cubic meter of air (0.2 μg/m³) as an 8-hour time-weighted average and 2.0 μg/m³ as a short-term exposure limit determined over a sampling period of 15 minutes are set. Other provisions such as requirements for exposure assessment, methods for controlling exposure, respiratory protection, personal protective clothing and equipment, housekeeping, medical surveillance, hazard communication, and recordkeeping are included. The new 8-hour TWA PEL represents a ten-fold decrease from the previous PEL.

 
December 19, 2016 (Federal Register Volume 81, Nº 243) [RIN 1218-AC84]

§§1904.0, 1904.4, 1904.29, 1904.32, 1904.33, 1904.34, 1904.35, and 1904.40 were amended effective January 19, 2017. OSHA amended its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. These changes do not impose new compliance obligations and do not require employers to make records of any injuries or illnesses for which records are not currently required to be made.

 
November 18, 2016 (Federal Register Volume 81, Nº 223) [RIN 1218-AB80]

§1910.132 and §1910.178 had changes made in accordance with OSHA's revisions to general industry standards on walking-working surfaces to prevent and reduce workplace slips, trips, and falls, as well as other injuries and fatalities associated with walking-working surface hazards.

 
September 1, 2016 (Federal Register Volume 81, Nº 170) [RIN 1218-AB70]

§1926.55 Appendix A table entries regarding occupational exposure to respirable crystalline silica were corrected due to typographical errors.

 
August 12, 2016 (Federal Register Volume 81, Nº 156) [RIN 1218-AB47]

§1926.5 has been updated with a technical amendment that revised OSHA's regulations to reflect the approval by the Office of Management and Budget (OMB) of the collections of information contained in OSHA's standard for Confined Spaces in Construction.

 
July 26, 2016 (Federal Register Volume 81, Nº 143) [RIN 1218-AB70]

§1926.5 reflects a technical amendment revising OSHA's regulations regarding OMB approval of collections of information for the occupational exposure to respirable crystalline silica. The OMB approval number is 1218-0266.

 
July 1, 2016 (Federal Register Volume 81, Nº 127) [RIN 1290-AA31]

§§1903.2, 1903.6, 1903.15, 1903.16, and 1903.18 have been updated to reflect new civil monetary penalties administered by the Occupational Safety and Health Administration (OSHA) and the corresponding provisions to enforce the Occupational Safety & Health Act of 1970 (OSH Act). These changes were issued to comply with the Federal Civil Penalties Inflation Adjustment Act of 1990.

   Reason: