[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1184-1189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29636]



[[Page 1183]]

Vol. 79

Tuesday,

No. 4

January 7, 2014

Part XII





Department of Labor





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Semiannual Regulatory Agenda

  Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 / 
Unified Agenda  

[[Page 1184]]


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DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29


Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Internet has become the means for disseminating the 
entirety of the Department of Labor's semiannual regulatory agenda. 
However, the Regulatory Flexibility Act requires publication of a 
regulatory flexibility agenda in the Federal Register. This Federal 
Register Notice contains the regulatory flexibility agenda. In 
addition, the Department's Regulatory Plan, a subset of the 
Department's regulatory agenda, is being published in the Federal 
Register. The Regulatory Plan contains a statement of the Department's 
regulatory priorities and the regulatory actions the Department wants 
to highlight as its most important and significant.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of 
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room S-2312, 
Washington, DC 20210; (202) 693-5959.

    Note: Information pertaining to a specific regulation can be 
obtained from the agency contact listed for that particular 
regulation.


SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the 
semiannual publication of an agenda of regulations that contains a 
listing of all the regulations the Department of Labor expects to have 
under active consideration for promulgation, proposal, or review during 
the coming one-year period. The entirety of the Department's semiannual 
agenda is available online at www.reginfo.gov.
    The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to 
publish in the Federal Register a regulatory flexibility agenda. The 
Department's Regulatory Flexibility Agenda published with this notice, 
includes only those rules on its semiannual agenda that are likely to 
have a significant economic impact on a substantial number of small 
entities; and those rules identified for periodic review in keeping 
with the requirements of section 610 of the Regulatory Flexibility Act. 
Thus, the regulatory flexibility agenda is a subset of the Department's 
semiannual regulatory agenda.
    In addition, the Department's Regulatory Plan, also a subset of the 
Department's regulatory agenda, is being published in the Federal 
Register. The Regulatory Plan contains a statement of the Department's 
regulatory priorities and the regulatory actions the Department wants 
to highlight as its most important and significant.
    All interested members of the public are invited and encouraged to 
let departmental officials know how our regulatory efforts can be 
improved, and are invited to participate in and comment on the review 
or development of the regulations listed on the Department's agenda.

Thomas E. Perez,
Secretary of Labor.

      Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
348.......................  Bloodborne Pathogens               1218-AC34
                             (Section 610 Review).
349.......................  Infectious Diseases.......         1218-AC46
350.......................  Reinforced Concrete in             1218-AC51
                             Construction and
                             Preventing Backover
                             Injuries and Fatalities.
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
351.......................  Occupational Exposure to           1218-AB70
                             Crystalline Silica.
352.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
353.......................  Combustible Dust..........         1218-AC41
354.......................  Injury and Illness                 1218-AC48
                             Prevention Program.
------------------------------------------------------------------------


     Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
355.......................  Confined Spaces in                 1218-AB47
                             Construction.
356.......................  Electric Power                     1218-AB67
                             Transmission and
                             Distribution; Electrical
                             Protective Equipment.
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
357.......................  Occupational Exposure to           1218-AC33
                             Food Flavorings
                             Containing Diacetyl and
                             Diacetyl Substitutes.
------------------------------------------------------------------------



[[Page 1185]]

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

348. Bloodborne Pathogens (Section 610 Review)

    Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 655(b)
    Abstract: OSHA will undertake a review of the Bloodborne Pathogen 
Standard (29 CFR 1910.1030) in accordance with the requirements of the 
Regulatory Flexibility Act and section 5 of Executive Order 12866. The 
review will consider the continued need for the rule; whether the rule 
overlaps, duplicates, or conflicts with other Federal, State or local 
regulations; and the degree to which technology, economic conditions, 
or other factors may have changed since the rule was evaluated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   10/22/09  .......................
Request for Comments Published......   05/14/10  75 FR 27237
Comment Period End..................   08/12/10  .......................
End Review and Issue Findings.......   05/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jens Svenson, Deputy Director, Directorate of 
Evaluation and Analysis, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3641, 
Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-1641, Email: 
[email protected].
    RIN: 1218-AC34

349. Infectious Diseases

    Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673; * * *
    Abstract: Employees in health care and other high-risk environments 
face long-standing infectious diseases hazards such as tuberculosis 
(TB), varicella disease (chickenpox, shingles), and measles (rubeola), 
as well as new and emerging infectious disease threats, such as Severe 
Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care 
workers and workers in related occupations, or who are exposed in other 
high-risk environments, are at increased risk of contracting TB, SARS, 
Methicillin-resistant Staphylococcus aureus (MRSA), and other 
infectious diseases that can be transmitted through a variety of 
exposure routes. OSHA is concerned about the ability of employees to 
continue to provide health care and other critical services without 
unreasonably jeopardizing their health. OSHA is considering the need 
for a standard to ensure that employers establish a comprehensive 
infection control program and control measures to protect employees 
from infectious disease exposures to pathogens that can cause 
significant disease. Workplaces where such control measures might be 
necessary include: health care, emergency response, correctional 
facilities, homeless shelters, drug treatment programs, and other 
occupational settings where employees can be at increased risk of 
exposure to potentially infectious people. A standard could also apply 
to laboratories, which handle materials that may be a source of 
pathogens, and to pathologists, coroners' offices, medical examiners, 
and mortuaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/10  75 FR 24835
RFI Comment Period End..............   08/04/10  .......................
Analyze Comments....................   12/30/10  .......................
Stakeholder Meetings................   07/29/11  .......................
Initiate SBREFA.....................   01/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC46

350. Reinforced Concrete in Construction and Preventing Backover 
Injuries and Fatalities

    Legal Authority: 29 U.S.C. 655(b)
    Abstract: OSHA published an RFI (77 FR 18973; March 29, 2012) that 
sought information on two subjects: 1) preventing backover injuries; 
and 2) hazards and risks of reinforcing concrete operations in 
construction, including post-tensioning.
    Backing vehicles and equipment are common causes of struck-by 
injuries and can also cause caught-between injuries when backing 
vehicles and equipment pin a worker against an object. Struck-by 
injuries and caught-between injuries are two of the four leading causes 
of workplace fatalities. The Bureau of Labor Statistics reports that in 
2011, 75 workers were fatally backed over while working. While many 
backing incidents can prove to be fatal, workers can suffer severe, 
non-fatal injuries as well. A review of OSHA's IMIS database found that 
backing incidents can result in serious injury to the back and pelvis, 
fractured bones, concussions, amputations, and other injuries. Emerging 
technologies in the field of backing operations may prevent incidents. 
The technologies include cameras and proximity detection systems. The 
use of spotters and internal traffic control plans can also make 
backing operations safer. The Agency has held stakeholder meetings on 
backovers and is conducting site visits to employers. Current rules 
regarding reinforcing steel and post-tensioning activities may not 
adequately address worker hazards in work related to post-tensioning 
and reinforcing steel. Both are techniques for reinforcing concrete and 
are generally used in many types of construction. OSHA's IMIS data 
indicates that 31 workers died while performing work on or near post-
tensioning operations or reinforcing steel between 2000 and 2009.
    Currently, workers performing steel reinforcing suffer injuries 
caused by unsafe material handling, structural collapse, and impalement 
by protruding reinforcing steel dowels, among other causes. Employees 
involved in post-tensioning activities are at risk for incidents caused 
by the misuse of post-tensioning equipment and improper training. The 
Agency is continuing to seek information about injuries and hazards of 
reinforcing steel operations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   03/29/12  77 FR 18973
Comment Period End..................   07/27/12  .......................
Analyze Comments (Concrete).........   04/00/14  .......................
Initiate SBREFA (Backovers).........   06/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Maddux, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 
20210, Phone: 202 693-2020, Fax:

[[Page 1186]]

202 693-1689, Email: [email protected].
    RIN: 1218-AC51

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

351. Occupational Exposure to Crystalline Silica

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: Crystalline silica is a significant component of the 
Earth's crust, and many workers in a wide range of industries are 
exposed to it, usually in the form of respirable quartz or, less 
frequently, cristobalite. Chronic silicosis is a uniquely occupational 
disease resulting from exposure of employees over long periods of time 
(10 years or more). Exposure to high levels of respirable crystalline 
silica causes acute or accelerated forms of silicosis that are 
ultimately fatal. The current Occupational Safety and Health 
Administration (OSHA) permissible exposure limit (PEL) for general 
industry is based on a formula proposed by the American Conference of 
Governmental Industrial Hygienists (ACGIH) in 1968 (PEL=10mg/cubic 
meter/(% silica + 2), as respirable dust). The current PEL for 
construction and shipyards (derived from ACGIH's 1970 Threshold Limit 
Value) is based on particle counting technology, which is considered 
obsolete. National Institute for Occupational Safety and Health (NIOSH) 
and ACGIH recommend 50[micro]g/m3 and 25[micro]g/m3 exposure limits, 
respectively, for respirable crystalline silica. Both industry and 
worker groups have recognized that a comprehensive standard for 
crystalline silica is needed to provide for exposure monitoring, 
medical surveillance, and worker training. ASTM International has 
published recommended standards for addressing the hazards of 
crystalline silica. The Building Construction Trades Department of the 
AFL-CIO has also developed a recommended comprehensive program 
standard. These standards include provisions for methods of compliance, 
exposure monitoring, training, and medical surveillance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Completed SBREFA Report.............   12/19/03  .......................
Initiated Peer Review of Health        05/22/09  .......................
 Effects and Risk Assessment.
Completed Peer Review...............   01/24/10  .......................
NPRM................................   09/12/13  78 FR 56274
Extension of Deadline for Submitting   10/31/13  78 FR 65242
 Notices of Intention to Appear at
 Public Hearing.
Extension of Comment Period.........   10/31/13  .......................
Scheduling of Public Hearing........   10/31/13  .......................
NPRM Comment Period End.............   12/11/13  .......................
Extension of Comment Period End.....   01/27/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB70

352. Occupational Exposure to Beryllium

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: In 1999 and 2001, OSHA was petitioned to issue an 
emergency temporary standard by the United Steel Workers (formerly the 
Paper Allied-Industrial, Chemical, and Energy Workers Union), Public 
Citizen Health Research Group, and others. The Agency denied the 
petitions but stated its intent to begin data gathering to collect 
needed information on beryllium's toxicity, risks, and patterns of 
usage. On November 26, 2002, OSHA published a Request for Information 
(RFI) (67 FR 70707) to solicit information pertinent to occupational 
exposure to beryllium, including: current exposures to beryllium; the 
relationship between exposure to beryllium and the development of 
adverse health effects; exposure assessment and monitoring methods; 
exposure control methods; and medical surveillance. In addition, the 
Agency conducted field surveys of selected worksites to assess current 
exposures and control methods being used to reduce employee exposures 
to beryllium. OSHA convened a Small Business Advocacy Review Panel 
under the Small Business Regulatory Enforcement Fairness Act (SBREFA) 
and completed the SBREFA Report in January 2008. OSHA also completed a 
scientific peer review of its draft risk assessment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   11/26/02  67 FR 70707
Request For Information Comment        02/24/03  .......................
 Period End.
SBREFA Report Completed.............   01/23/08  .......................
Initiated Peer Review of Health        03/22/10  .......................
 Effects and Risk Assessment.
Complete Peer Review................   11/19/10  .......................
NPRM................................   04/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB76

353. Combustible Dust

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: Occupational Safety and Health Administration (OSHA) has 
commenced rulemaking to develop a combustible dust standard for general 
industry. The U.S. Chemical Safety Board (CSB) completed a study of 
combustible dust hazards in late 2006, which identified 281 combustible 
dust incidents between 1980 and 2005 that killed 119 workers and 
injured another 718. Based on these findings, the CSB recommended the 
Agency pursue a rulemaking on this issue. OSHA has previously addressed 
aspects of this risk. For example, on July 31, 2005, OSHA published the 
Safety and Health Information Bulletin, ``Combustible Dust in Industry: 
Preventing and Mitigating the Effects of Fire and Explosions.'' 
Additionally, OSHA implemented a Combustible Dust National Emphasis 
Program (NEP) March 11, 2008, launched a new Web page, and issued 
several other guidance documents. However, the Agency does

[[Page 1187]]

not have a comprehensive standard that addresses combustible dust 
hazards.
    OSHA will use the information gathered from the NEP to assist in 
the development of this rule. OSHA published an ANPRM October 21, 2009. 
Additionally, stakeholder meetings were held in Washington, DC, on 
December 14, 2009, in Atlanta, GA, on February 17, 2010, and in 
Chicago, IL, on April 21, 2010. A webchat for combustible dust was also 
held on June 28, 2010 and an expert forum was convened on May 13, 2011
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/21/09  74 FR 54333
Stakeholder Meetings................   12/14/09  .......................
ANPRM Comment Period End............   01/19/10  .......................
Stakeholder Meetings................   02/17/10  .......................
Stakeholders Meetings...............   03/09/10  75 FR 10739
Initiate SBREFA.....................   04/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC41

354. Injury and Illness Prevention Program

    Legal Authority: 29 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: OSHA is developing a rule requiring employers to 
implement an Injury and Illness Prevention Program. It involves 
planning, implementing, evaluating, and improving processes and 
activities that protect employee safety and health. OSHA has 
substantial data on reductions in injuries and illnesses from employers 
who have implemented similar effective processes. The Agency currently 
has voluntary Safety and Health Program Management Guidelines (54 FR 
3904 to 3916), published in 1989. An injury and illness prevention 
program rule would build on these guidelines as well as lessons learned 
from successful approaches and best practices under OSHA's Voluntary 
Protection Program Safety and Health Achievement Recognition Program, 
and similar industry and international initiatives such as American 
National Standards Institute/American Industrial Hygiene Association 
Z10 and Occupational Health and Safety Assessment Series 18001.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meetings................   06/03/10  75 FR 35360 and 75 FR
                                                  23637
Initiate SBREFA.....................   01/06/12  .......................
NPRM................................   09/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC48

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

355. Confined Spaces in Construction

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
    Abstract: In 1993, OSHA issued a rule to protect employees who 
enter confined spaces while engaged in general industry work (29 CFR 
1910.146). This standard has not been extended to cover employees 
entering confined spaces while engaged in construction work because of 
unique characteristics of construction worksites. Pursuant to 
discussions with the United Steel Workers of America that led to a 
settlement agreement regarding the general industry standard, OSHA 
agreed to issue a proposed rule to protect construction workers in 
confined spaces.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
SBREFA Panel Report.................   11/24/03  .......................
NPRM................................   11/28/07  72 FR 67351
NPRM Comment Period End.............   01/28/08  .......................
NPRM Comment Period Extended........   02/28/08  73 FR 3893
Public Hearing......................   07/22/08  .......................
Close Record........................   10/23/08  .......................
Final Rule..........................   02/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Maddux, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AB47

356. Electric Power Transmission and Distribution; Electrical 
Protective Equipment

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
    Abstract: Electrical hazards are a major cause of occupational 
death in the United States. The annual fatality rate for power line 
workers is about 50 deaths per 100,000 employees. The construction 
industry standard addressing the safety of these workers during the 
construction of electric power transmission and distribution lines is 
nearly 40 years old. Occupational Safety and Health Administration 
(OSHA) has developed a revision of this standard that will prevent many 
of these fatalities, add flexibility to the standard, and update and 
streamline the standard. OSHA also intends to amend the corresponding 
standard for general industry so that requirements for work performed 
during the maintenance of electric power transmission and distribution 
installations are the same as those for similar work in construction. 
In addition, OSHA will be revising a few miscellaneous general industry 
requirements primarily affecting electric transmission and distribution 
work, including provisions on electrical protective equipment and foot 
protection. This rulemaking also addresses fall protection in aerial 
lifts for work on power generation, transmission, and distribution 
installations. OSHA published an NPRM on June 15, 2005. A public 
hearing was held from March 6 through March 14, 2006. OSHA reopened the 
record to gather additional information on minimum approach distances 
for specific ranges of voltages. The record was reopened a second time 
to allow more time for comment and to gather information on minimum 
approach distances for all voltages and on the newly revised Institute 
of Electrical and Electronics Engineers consensus standard. 
Additionally, a public hearing was held on October 28, 2009.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
SBREFA Report.......................   06/30/03  .......................

[[Page 1188]]

 
NPRM................................   06/15/05  70 FR 34821
NPRM Comment Period End.............   10/13/05  .......................
Comment Period Extended to 01/11/      10/12/05  70 FR 59290
 2006.
Public Hearing To Be Held 03/06/2006   10/12/05  70 FR 59290
Posthearing Comment Period End......   07/14/06  .......................
Reopen Record.......................   10/22/08  73 FR 62942
Comment Period End..................   11/21/08  .......................
Close Record........................   11/21/08  .......................
Second Reopening Record.............   09/14/09  74 FR 46958
Comment Period End..................   10/15/09  .......................
Public Hearings.....................   10/28/09  .......................
Posthearing Comment Period End......   02/10/10  .......................
Final Rule..........................   11/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB67

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Completed Actions

357. Occupational Exposure to Food Flavorings Containing Diacetyl and 
Diacetyl Substitutes

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: On July 26, 2006, the United Food and Commercial Workers 
International Union (UFCW) and the International Brotherhood of 
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard 
(ETS) for all employees exposed to diacetyl, a major component in 
artificial butter flavoring. Diacetyl and a number of other volatile 
organic compounds are used to manufacture artificial butter food 
flavorings. These food flavorings are used by various food 
manufacturers in a multitude of food products, including microwave 
popcorn, certain bakery goods, and some snack foods. Evidence indicates 
that exposure to flavorings containing diacetyl is associated with 
adverse effects on the respiratory system, including bronchiolitis 
obliterans, a debilitating and potentially fatal lung disease. OSHA 
denied the petition on September 25, 2007, but has initiated 6(b) 
rulemaking. OSHA published an Advance Notice of Proposed Rulemaking 
(ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009, 
in order to facilitate timely development of a standard. The Agency 
subsequently initiated review of the draft proposed standard in 
accordance with the Small Business Regulatory Enforcement Fairness Act 
(SBREFA). The SBREFA Panel Report was completed on July 2, 2009. The 
National Institute for Occupational Safety and Health (NIOSH) is 
currently developing a criteria document on occupational exposure to 
diacetyl. The criteria document will also address exposure to 2,3-
pentanedione, a chemical that is structurally similar to diacetyl and 
has been used as a substitute for diacetyl in some applications. It 
will include an assessment of the effects of exposure as well as 
quantitative risk assessment. OSHA intends to rely on these portions of 
the criteria document for the health effects analysis and quantitative 
risk assessment for the Agency's diacetyl rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Stakeholder Meeting.................   10/17/07  72 FR 54619
ANPRM...............................   01/21/09  74 FR 3937
ANPRM Withdrawn.....................   03/17/09  74 FR 11329
ANPRM Comment Period End............   04/21/09  .......................
Completed SBREFA Report.............   07/02/09  .......................
Withdrawn...........................   08/22/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Acting Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health Administration, 200 Constitution Avenue NW., Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC33

[FR Doc. 2013-29636 Filed 1-6-14; 8:45 am]
BILLING CODE 4510-04-P