Government Safety Regulations

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The National Transportation Safety Board (NTSB) announced today that it has issued a Final Rule to implement several changes to its Rules of Practice applicable to aviation certificate enforcement appeals.

A recent ruling by the U.S. Court of Appeals for the Seventh Circuit held that a Mine Safety and Health Administration (MSHA) district manager has broad discretion to disapprove a mine operator’s proposed ventilation plan for an underground coal mine, and may do so as long as the decision is not arbitrary and capricious.

OSHA’s notice of proposed rulemaking for respirable silica has officially been published in the Federal Register, which ushers in the next phase of the process: public input. The public is strongly encouraged to participate in the process of developing a final rule.

The Obama administration’s withdrawal last week of two pending EPA proposals that would have helped inform the public about potentially dangerous chemicals showed showed that it was catering to the interests of the chemical industry, according to the National Resources Defence Council (NRDC). The group said the move undermines public health efforts.

If OSHA follows through with its recently unveiled new regulatory agenda, employers can expect several changes to the Process Safety Management and Flammable Liquids (PSM) standard that will likely affect their operations, according to Arent Fox, a Washington, D.C. law firm that handles occupational safety and health issues.

The EPA has launched a web-based tool, called ChemView, to improve access to chemical specific regulatory information developed by EPA and data submitted under the Toxic Substances Control Act (TSCA).

OSHA’s annual evaluation of state workplace safety agencies found a wide range of problems and shortcomings in the state programs, including inadequate enforcement staffing, low fines, poor investigative procedures of whistleblower complaints, slow response to complaints and failure to verify that employers had corrected violations for which they had been cited.

The FAA and OSHA have issued a final policy for improving workplace safety for aircraft cabin crewmembers. While the FAA's aviation safety regulations take precedence, OSHA will be able to enforce certain occupational safety and health standards currently not covered by FAA oversight.