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PLAINTIFF'S EXHIBIT I
GP-2169
A Continuing Examination Of The Federal Occupational Safety And Health Law And Its Implementation
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t Volume II Number 5
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OSHA'S PROPOSED CHANGES AND TARGET DATES
May, 1972
May
- Making technical changes and corrections in sections affecting powered platforms, manlifts and vehicle-mounted platforms, and compressed gas and compressed air equipment.
- Adding new sections on protective helmets for electrical workers, slings, uniform traffic control devices, exits, sprinklers, foam, mechanical power transmission guarding, bakery equipment and floating cranes and derricks.
June
- Adding new sections on woodworking machinery, oil burning equipment, ovens and furnaces and installation of gas appliances.
- Adopting the 1971 Threshold Limit Values of the American Congress of Governmental Industrial Hygienists on toxic substances and noise, replacing 1968 and 1970 levels.
- Promulgating an asbestos standard to replace the emergency standard issued December 7, 1971. - Amending the construction standards to correct conflicts, duplications and technical errors,
including those on watch platforms and scaffold heights. - Completing a section on electrical transmission and distribution lines and equipment, includ
ing a specific standard for the electrical utility industry. - Bringing sections of the general industry standards and the construction standards into con
formity.
MISCELLANEOUS AMENDMENTS
. i Effective immediately with the publication of the Federal Register, March 31, were some miscel-
laneous amendments. They included some small dimension changes on the chart sizes for Portable
i Wood Ladders. Paragraph 1910.37(p) is revoked and dealt with hangings or draperies over exit
doors, and mirrors placed on or near exit doors which might confuse the direction of exit. An
j additional table designating dimensions of Class A and B ramps designed as a means of egress | was included in the amendments. Alarm and fire protection systems shall be under the supervi| sion of a responsible person who shall cause proper tests to be made at weekly intervals and I have general charge of all alterations and additions. This read formerly "at specified interJ vals".
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Several subparagraphs were included for clarifications on the scope of standards for ventilation
| 1910.94, nonionizing radiation 1910.97, hydrogen 1910.103, oxygen 1910.104, flammable and com! bustible liquids 1910.106, spray finishing using flammable and combustible materials 1910.107,' j storage and handling of liquified petroleum gases 1910.110.
Several amendments were made to section 1910.109 explosive and blasting agents. Among these are several subparagraphs on small arms ammunition, small arms primers, and small arms pro pellants which will have become effective April 30, 1972.
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THE ACT UNDER ATTACK
Reprcsentative Roncalio (D.-Wyo.) has proposed that no penalties would be. given where viotatio, are corrected within ike. abatement period. Senator Pearson (R.-Kan.) and Senator Curtis (R.Neb.) have co-Aponsoncd a bill to mend the Act. It mold exempt mall businessmen, manufac turers, and farmers employing less than 25 persons. It Mould delay by one yean, the effective date ion employers Mith 25 - TOO employees. The Secnetany Mould be nequlned to publish he estbnated average on maximum cost oi compliance Mith each negulation. He Mould also be authorized to provide technical advice and consultations to employees Milk TOO on less employees to assist them in complying. The bill Mould provide that national consensus standands not have equal status Mith othen negulations unden the nule-making pnocedunes oi tke administnation. It Mould nelieve employens inom absolute liability ii they have made a concentrated, good-iait eiiont to comply. The employer would also be relieved inom iines and penalties ii he can prove that requirements he is alleged to have violated Mould not have eiiectively constituted cn improvement oi the health and saiety oi his employees. The Secretary would also be granted tie option oi entering into an agreement with the employer ior prompt compliance, in the event ci an alleged violation, rather than imposing a penalty ion failure to comply.
HEALTH HAZARD EVALUATION
Requests can be made for a toxicity evaluation to NIOSH Ha-ard Evaluation Service Branch, Federal Office Bldg., 500 Main Street, Cincinnati, Ohio 45112. Requests must include the name, address, telephone number, address of employment, specific workplace and process, and the signature of the requester. The reasons for the request must be specified as well as confirming the individual's authority to make the request and if anonymity is desired. If the substance can be identified, the name should be given along with any trade name, chemical name, manufacturer's name and the physical state of the substance. State whether labels contained warnings. Give the number of people exposed, their occupation, and the length of exposure.
After all required information is received, NIOSH will inspect the workplace, collect samples if necessary and perform all necessary tests. Their determinations will be mailed to the employer who in turn must post it or make it available to employees. If a hazard exists believed to be serious, NIOSH will immediately inform both employers and employees as well as the Department of Labor representatives or state agencies charged with enforcement of standard:
ROLLOVER PROTECTIVE STRUCTURES
According to the Federal Register, April 5, the effective cate for new equipment to he equippe
with rollover protective structures has been sot at September 1, 1972. This allows sufficient time for manufacturers to adjust to the new standard. Machines manufactured before July 1, it raise more serious questions. Machines were not designed for the addition of rollover protec tion and added structures could create stress factors. The decision for the required standard on)these older machines is reserved pending further study, development and review.
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OJALKAROUNV PAV
April CROSSROADS had a short paragraph on the question oi pay ior representatives accompanyx Inspectors. Since that issue wait printed, George C. Guenther, Aait tart Sec,a.c*.ary oi Labor, gave a decision on a unx.on'& complaint against Mobil Oil Corporation ior refuse.>.g p^.j representative ior time spent in the inspection. Guenther declared that Mobxl Oh, Corporavt was not guilty oi dl^crimrnatson against its employees in reiusing to pay hem. Tne u,iiv<. appeal the decision.
NEWS ITEMS
...More and more companies continue to be cited for the violation of using compressed air rc' cleaning with pressure over the allowable 30 psi.
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