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Statement of Need: These three OSHA safety standards are being revised and updated as part of the President's initiative on Federal regulations discussed in the U.S. Department of Labor report of June 15, 1995. The Department of Labor report was issued in response to the President's Regulatory Reform Initiative dated April 24, 1995. ^PFire hazards in the workplace associated with exposure to flammable and combustible liquids create a variety of safety and health problems, including thermal burns, chemical burns, smoke inhalation, respiratory inflammations, nausea, dizziness, other serious physical injuries and death. Overexposure to vapors, fumes, and mists created during spray applications or dipping processes involving flammable or combustible liquids create a variety of health problems, including respiratory infections, nausea, dizziness, respiratory allergies, heart disease, lung cancer, decreases in pulmonary function, other serious illnesses, and death. ^PFires and explosions continue to occur frequently in the industrial environment. Such fires, which are often catastrophic, are often caused by improper storage, handling and use of flammable and combustible liquids, including improper or inadequate ventilation of their vapors, fumes, or mists. Control of the fire and health hazards that employees are exposed to during operations involving flammable and combustible liquids requires adequate fire control and ventilation procedures. These procedures can protect employees from the adverse physical safety or health effects resulting from exposure to flammable and combustible liquids and their vapor, fumes, or mists. ^PEmployees are also exposed to significant health hazards when they work around spray finishing operations or dip tank operations that use nonflammable or noncombustible liquids. Many employers will use such nonflammable or noncombustible liquids in spray finishing or dipping operations to eliminate fire or explosion hazards. However, some chemicals, such as perchlorethylene, create significant health hazards to employees when used by spray finishing and dip tank operations. Health problems such as respiratory infections, nausea, dizziness, respiratory allergies, heart disease, lung cancer, decreases in pulmonary function, other serious illnesses, and death may occur if employee exposure to toxic, nonflammable or toxic noncombustible liquids are not controlled. ^PWhen 29 CFR 1910.94(c), 1910.94(d), 1910-106, 1910.107, and 1910.108 were promulgated, many of the protective technologies and work practices recognized today in industries using flammable and combustible liquids did not exist. Advances in fire prevention strategies and equipment and in ventilation techniques and equipment necessitate the updating of these OSHA standards. Revising and updating these sections of Subpart H to recognize these new technologies and work practices will improve the occupational safety and health of employees by introducing new fire control and ventilation techniques into the workplace. The revision of these standards will also make them consistent with current nationally recognized consensus standards adopted by various authorities having jurisdiction over fire safety and health hazards. A consistent set of standards will make compliance with these rules easier for the regulated populations of employees and employers.

Alternatives: OSHA has considered several alternative approaches to controlling these hazards, including issuing guidelines, using the "general duty clause" of the OSHA Act to cite serious and unsafe work practices not regulated by the existing standards, issuing hazard alerts, issuing program directives, and revising and updating the current OSHA standards to reflect the updated national concensus standards. OSHA believes that, in this case, revising and updating these standards is the most appropriate way to proceed. It is the only approach that will assure public participation in the updating and revision of outdated, complex, and obsolete rules. It will also assure that employers will provide the most recent technologies to protect their employees from fire and explosion hazards.

Anticipated Costs and Benefits: The benefits and costs associated with these revisions are undetermined at this time; however, OSHA anticipates that cost savings and increased benefits will be associated with these actions due to the use of newer technologies, equipment, and procedures to reduce employee injuries and fatalities in the workplace.

Risks: Physicial injuries and fatalities caused by thermal burns, chemical burns, smoke inhalation and traumatic injuries are common among employees exposed to fire or explosion hazards in the workplace. In addition, overexposure to vapors, fumes, and mists created during spray applications or dipping processes involving flammable or combustible liquids can create a variety of health problems, including respiratory infections, nausea, dizziness, respiratory allergies, heart disease, lung cancer, decreases in pulmonary function, other serious illnesses, and death.