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DOL/OSHA

RIN: 1218-AB55

Publication ID: Fall 1997

Title: Plain English Revision of Existing Standards
Abstract: The Occupational Safety and Health Administration (OSHA) adopted its initial package of workplace safety and health standards in the 1970's from various nationally recognized consensus standards and from standards that had already been promulgated by other Federal agencies. Section 6(a) of the Act permitted OSHA to adopt nationally recognized consensus standards, developed by groups such as the National Fire Protection Association (NFPA) and the American National Standards Institute (ANSI), and existing Federal standards for use as OSHA standards without public participation or public comment. Many of these 6(a) standards have been identified by the regulated community as being overly complex, difficult to read and follow, and out of date with current technology. ^PThis project is part of a Presidential initiative to respond to the general criticism concerning the complexity and obsolescence of certain Federal regulations. OSHA believes that some of the Agency's section 6(a) standards in subpart E and subpart H of part 1910 meet the criteria for critical review set forth in the Presidential initiative. OSHA is initiating three separate rulemakings that will revise three of OSHA's most complex and out-of-date section 6(a) standards. These specific standards address means of egress (exit routes), spray finishing using flammable and combustible liquids; and dip tanks containing flammable and combustible liquids. 29 CFR 1910.107 and 1910.108, (spray finishing using flammable and combustible liquids and dip tanks, respectively) also contain substantive ventilation requirements that are duplicative with ventilation requirements contained in 29 CFR 1910.94, paragraphs (c) and (d). The purpose of these rulemakings is to simplify and clarify these standards and to write them in "plain English," as directed by the President's report.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 29 CFR 1910.107 29 CFR 1910.108 29 CFR 1910.94(c) 29 CFR 1910.94(d) 29 CFR 1910.35 29 CFR 1910.36 29 CFR 1910.37 29 CFR 1910.38
Legal Authority: 29 USC 655(b) 5 USC 553

Statement of Need: These three OSHA safety standards are being revised 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. ^PIn case of an emergency, proper exit routes are needed to protect employees from being trapped in hazardous work areas and lead them to safety.

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 consensus 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 revision of outdated, complex, and obsolete rules.

Anticipated Costs and Benefits: Because these plain English revisions are not substantively changing these rules, no cost impacts will be associated with these revisions.

Risks: Because these revisions are designed to simplify and clarify these standards, no assessment of risks is required.

Timetable:

Action	Date	FR Cite
NPRM Exit Routes (Means of Egress)	09/10/1996	61 FR 47712
Hearing on Exit Routes	04/29/1997	62 FR 9402
NPRM Dip Tanks	10/00/1997
NPRM Spray Finishing	12/00/1997
Final Action Exit Routes	12/00/1997

Additional Information: Means of Egress, 29 CFR 1910 subpart E, Spray Finishing Using Flammable and Combustible Materials, 29 CFR 1910.107, Dip Tanks Containing Flammable and Combustible Liquids, 29 CFR 1910.108 are three standards selected for revision under a Presidential Initiative to revise outdated, duplicative, or obsolete Federal regulations. They will also be formatted to make them easier to read. 29 CFR 1910.94(c) will be combined with 29 CFR 1910.107 to eliminate duplicative standards, as will 29 CFR 1910.94(d) and 29 CFR 1910.108. Flammable and Combustible Liquids, 1910.106, has been moved to RIN 1218-AB61.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Included in the Regulatory Plan: Yes
Agency Contact: John F. Martonik Evaluation Department of Labor Occupational Safety and Health Administration Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 693-2043 Fax:202 693-1641 Email: john.martonik@osha.gov