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On April 29, 2009, Secretary of Labor Hilda L. Solis said OSHA would pursue a dedicated, comprehensive rule-making on combustible dust.

Under the previous administration, OSHA pursued targeted enforcement of employers through a National Emphasis Program (mostly in federal enforcement states), outreach, training and cooperative programs on combustible dust rather that issuing a dedicated standard. OSHA claimed that rules such as the housekeeping standard and the general duty clause (Section 5A1) already existed to regulate the combustible dust hazard in general industry.

Any employer with potential combustible dust hazards should review the Chemical Safety Board video (29 minutes) posted on this blog.

A dedicated standard is absolutely needed and must be a top priority of OSHA so that affected employers and employees can comment and participate in the process.

In September 2008, OSHA’s Advisory Committee on Construction, Safety and Health recommended that OSHA rescind the interim fall protection standard for residential construction. I believe OSHA has/will accept this recommendation and will rescind the interim standard before the end of 2009.

The interim residential fall protection standard was published in December 1995 during the Clinton administration. This standard says that residential construction employers can deem certain types of fall protection systems (guardrails, safety nets and personal fall arrest/restraint systems) “infeasible.” Instead they can employ alternative fall protection procedures which usually include administrative controls such as safety monitors and/or warning lines.

Most safety professionals believe residential construction firms should be required to follow the same fall protection rules as the rest of the construction industry. In any event, interim rules that have been in place for over 13 years should either be rescinded or made permanent by issuing additional fall protection rules.