[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23134]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1926, and 1928

[Docket No. H-122]
RIN 1218-AB37

 

Indoor Air Quality

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of Proposed Rulemaking; Change of hearing location, 
extension of hearing dates, and clarification of hearing issues.

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SUMMARY: OSHA is changing the location of the hearing (the starting 
date of the hearing remains unchanged) and extending the length of the 
hearing to accommodate the large number of parties who wish to 
participate. In order to help hearing participants focus their 
testimony on relevant issues, OSHA is also clarifying certain aspects 
of its proposal.

DATES: The hearing will take place from September 20, 1994 through 
October 14, 1994 as scheduled, but will also reconvene for additional 
sessions from October 24 through November 22, 1994 and November 29 
through December 5, 1994. The starting time is 10:00 a.m. on the first 
day and 9:30 a.m. on the subsequent days.

ADDRESSES: The first two days of the hearing, Tuesday, September 20 and 
Wednesday September 21, will be at the Andrew W. Mellon Auditorium, 
between 12th and 13th Streets on Constitution Avenue, N.W., Washington, 
D.C. The third and fourth days of the hearing, Thursday, September 22 
and Friday, September 23, will be at the Department of Interior 
Auditorium, 1849 ``C'' Street, N.W., Washington, D.C. The location of 
the hearings on subsequent days will be announced, and may be obtained 
by calling the OSHA Office of Information and Consumer Affairs at (202) 
219-8618.

FOR FURTHER INFORMATION CONTACT: Tom Hall, Office of Information and 
Consumer Affairs, OSHA, U.S. Department of Labor, 200 Constitution 
Avenue, N.W., Washington, DC 20210; telephone: (202) 219-8618.

SUPPLEMENTARY INFORMATION: On April 5, 1994, OSHA issued a notice of 
proposed rulemaking addressing indoor air quality issues, including 
environmental tobacco smoke in the workplace. 59 FR 15968. On June 14, 
1994 OSHA issued a supplemental notice giving parties until August 13, 
1994 to submit comments; until August 5, 1994 to file notices of 
intention to appear; and until August 13, 1994 to submit testimony and 
evidence. The hearing was scheduled to start September 20, 1994. 59 FR 
30560. These dates have not been changed.
    A large number of persons have asked to testify at this hearing. 
Consequently, OSHA has extended the length of the hearing as specified 
above. OSHA has also scheduled the first four days of the hearing at a 
larger auditorium as specified above. The location of subsequent days 
will be announced. Persons who filed notices of intention to appear 
have already been notified of the initial change by mail.

Clarifications

    Some of the persons who filed notices of intention to appear and 
have been scheduled to testify have indicated uncertainty about OSHA's 
intentions with respect to parts of the proposal. In order to permit 
hearing participants to focus their testimony on the relevant issues, 
OSHA is clarifying certain aspects of the proposed rule and directing 
participants to the relevant preamble discussion on other points.
    OSHA wishes to clarify that it is not proposing to regulate smoking 
or indoor air quality in private homes, and does not intend to do so. 
The scope provisions in the proposal cover only ``work environments'' 
and ``indoor or enclosed workplaces.'' However, some of the comments 
indicate uncertainty on this matter. OSHA intends to develop even 
clearer language on this point for use in a final regulation.
    OSHA's intention on this issue is consistent with its longstanding 
practice. For example, a statement of policy set forth at 29 CFR 1975.6 
provides that domestic service employment in a private home is not 
subject to the requirements of the OSH Act.
    Similarly, OSHA does not intend its proposal to apply to private 
vehicles. OSHA has no authority to regulate smoking in cars and trucks 
used privately or for commuting. The objective of this proposed rule is 
to protect nonsmoking employees from the effects of passive smoke. 
Therefore, OSHA also does not intend to limit smoking in any type of 
work vehicle where the only employee(s) present are smokers. OSHA does 
not intend to regulate taxis and limousines, which are pervasively 
regulated by state and local governments. Also, such regulation could 
pose serious feasibility problems if the proposal were applicable. 
However, OSHA expects comment on whether the standard should regulate 
smoking in other kinds of employer-owned work vehicles when nonsmoking 
employees are present. Similar scope issues arise as to other forms of 
transportation such as ships, trailers, and busses used as offices, 
etc. Witnesses may wish to discuss this matter so that OSHA's 
consideration of the issue will include additional relevant evidence.
    Some participants have expressed uncertainty as to the extent to 
which a final standard would preempt state and local regulation of 
smoking and other indoor air quality issues. It is OSHA's intent that 
state and local laws consistent with this standard shall remain in 
effect to the full extent permissible. As OSHA pointed out at 59 FR 
16033, Section 18 of the OSH Act expresses Congress' intent to preempt 
state rules that establish occupational safety and health standards 
with respect to issues covered by OSHA standards, unless the state 
rules are part of an approved state plan. But Section 18 does not 
preempt state or local laws of general applicability that do not 
conflict with OSHA standards and that regulate the conduct of workers 
and non-workers alike. See Gade v. National Solid Wastes Management 
Association, 112 S. Ct. 2374 (1992). Such laws regulate workers simply 
as members of the general public. OSHA recognizes that many state and 
local governments have enacted provisions designed to protect the 
health of their residents by addressing indoor air quality issues, 
including exposure to ETS.
    Finally, OSHA notes that it proposed that the final standard not 
take effect until 14 months after its publication. Specifically 
paragraph (i) stated that the effective date would be 60 days after the 
date of the publication of a final rule in the Federal Register and 
that all provisions would be implemented by one year after that date. 
59 FR 16038. OSHA requested comment and testimony on whether those 
dates, or longer or shorter dates were appropriate or whether the 
start-up dates should vary by provision. 59 FR 16033. Hearing 
participants may also wish to address whether the start-up dates should 
vary by type of establishment.
    Participants have also raised the issue whether the start-up dates 
for the ventilation provisions of the standard should take account of 
the contract provisions of leases and the ventilation provisions' 
impact on lessors and lessees. It has been suggested, for example, that 
it might be appropriate to relate the dates at which employers must 
comply with the ventilation provisions to the renewal dates of their 
commercial leases so that the lessor and lessee may negotiate the 
financial impact of these provisions. Witnesses may wish to testify 
further on this issue, including its health implications.
    OSHA noted in the summary to the proposal that it might be 
appropriate to publish subsequent Federal Register notices after 
considering the views presented by the public. 59 FR 15968. OSHA has 
now received in excess of 100,000 comments and will be receiving 
extensive testimony at the hearing. In light of the intense interest in 
the rule, the large volume of evidence presented, and the complexity of 
the issues, OSHA will carefully consider whether it is appropriate to 
issue a further proposal in the Federal Register discussing the issues 
and evidence and giving the public a further opportunity to comment.

    Signed at Washington, D.C., this 14th day of September 1994.
Joseph A. Dear,
Assistant Secretary for Occupational Safety and Health.
[FR Doc. 94-23134 Filed 9-15-94; 8:45 am]
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