December 7, 2009 – Acting Secretary for OSHA Jordan Barab discussed the agency’s regulatory agenda through an hour long live chat. The live chat was open to the public and members of the media.
Some of the topics that were addressed were about the airborne infectious diseases, combustible dust, musculoskeletal disorder and Diacetyl.
Here are some excerpts from the live chat.
Jordan Barab:
As you can see, OSHA has set an ambitious fall 2009 Agenda that includes 29 regulatory items. The agenda projects that OSHA will publish two RFIs; seven NPRMs; and six final standards. Through these regulatory actions, the Agency continues to ensure good jobs for everyone through a safe and healthful workplace.
We encourage you to raise questions, submit views, and otherwise provide input to us on the Department’s plans for upcoming regulations. Our main purpose today is to have a dialogue on the overall regulatory priorities reflected in the plan.
Comment From David LaHodaDavid LaHoda:
Q: Without an aerosol transmissible disease standard for the current H1N1 pandemic, did you think OSHA was hampered with regard to its educational preparedness and enforcement activities?
Jordan Barab:
A: No, it has not hampered us. OSHA has moved aggressively to address the hazards of H1N1 pandemic influenza in the workplace. We have worked closely with the other federal agencies and the White House to ensure that workers are safe. While a standard on airborne transmissible diseases would have been preferable, we believe that we are responding to the issues effectively using existing standards and the General Duty Clause. In part, as a result of our experience with pandemic influenza, we have added the airborne transmissible diseases “Request for Information” to the regulatory agenda to further explore how we can better address these issues through the regulatory process.
Comment From Inside OSHAInside OSHA:
Q: Sen. Sherrod Brown recently sent a letter to Secretary Solis expressing his concern that OSHA has not acted quickly enough in setting enforceable diacetyl standards. Meanwhile, the reg agenda indicates OSHA won’t initiate the peer review of health effects and risk assessment until next October. Can you explain what accounts for this delay?
Jordan Barab:
A: Diacetyl is a priority for OSHA and DOL, and developing a sound assessment of health risks is critical for the success of the rulemaking. The Agency’s analysis for diacetyl is particularly challenging given the nature of available health studies and ongoing research in this area. We believe the projected Oct. 2010 date for the peer review reflects a reasonable timeframe in which to meet this challenge and develop a scientifically sound assessment.
Comment From Holly:
Q: In a speech recently, you called ergonomics a “huge health and safety problem” and said the govt must “take the field and make some fundamental changes.” Given these comments, why WOULDN’T OSHA have plans for regulatory activity?
Jordan Barab:
A: Holly: You’re right. I called musculoskeletal disorders a “huge health and safety problem.” I also called it a “huge political issue” and that we are in the process of determining how we are going to address it. Our new Assistant Secretary will arrive later this week, and we will intensify the process of determining how we are going to address ergonomics.
Comment From Laura Walter, EHS TodayLaura Walter, EHS Today:
Q: On this agenda, OSHA has included 9 items in the pre-rule stage, 8 in the proposed rule stage, another 8 in the final rule stage, as well as two long-term actions and three completed actions. How does the scope of this agenda define how OSHA is currently approaching regulatory action, and is this the level of activity we can continue to expect in the future?
Jordan Barab:
A: Laura: OSHA is currently focusing on moving a number of standards that have been stuck in the pipeline for the past eight years. In addition, we have added combustible dust, airborne infectious diseases and the MSD column back on the OSHA injury and illness log back onto the regulatory. Now that our new Assistant Secretary has been confirmed, we will be moving forward on additional regulatory initiatives.
Comment From Laura Walter, EHS TodayLaura Walter, EHS Today:
Q: What are OSHA’s main goals and expectations in developing a hearing conservation program for construction workers, and for how long do you anticipate the process of collecting/analyzing information will continue before the agency is able to move forward to the next step?
Jordan Barab:
A: Laura, this is one of many issues that has not received adequate attention. As OSHA finishes up some of the items on the existing agenda we will evaluate other safety and health issues to see if we can make progress on the highest priority items within our budget constraints.
Comment From Laura Walter, EHS TodayLaura Walter, EHS Today:
Q: How does OSHA plan to use the information that would be included in the proposed WMSD column on the 300 Log to improve safety and health policymaking and statistics? Does this attention to WMSDs indicate any potential future intentions of developing an ergonomics standard?
Jordan Barab:
A: Laura, OSHA believes that putting the MSD column back on the log will improve the nation’s occupational injury and illness statistics as well as providing useful information that employers and workers can use to better identify musculoskeletal disorders in their workplaces. Musculoskeletal injuries are one of the biggest worker health and safety problem in this country. But addressing this problem is also a complicated regulatory and poltical issue which the agency is considering. At this time, OSHA has no plans to pursue ergonomics regulation, although the incoming Assistant Secretary will be addressing this issue as one of his highest priorities.
To read the full live chat session please visit:


