Title 803 | Chapter 002 | Regulation 320E
803 KAR 2:320REG
A proposed version of this document exists.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
803 KAR 2:320E
This emergency administrative regulation adopts the May 20, 2024, Occupational Safety and Health Administration ("OSHA") final rule that amended the Hazard Communication Standard ("HCS") to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals, addressed issues that arose during the implementation of the 2012 HCS update, and provided better alignment with other U.S. agencies and international trading partners while enhancing the effectiveness of the standard. OSHA determined the revisions in the final rule enhance HCS effectiveness by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets, and related revisions to definitions of terms used in the standard. It is necessary to promulgate this emergency regulation to meet the requirements established in Pub.L. 91-596 84 STAT. 1590 Section 18 (Occupational Safety and Health ("OSH") Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. Furthermore, 29 C.F.R. 1953.5 mandates adoption of the final rule within six (6) months of the date of the May 20, 2024, promulgation. Therefore, Kentucky must adopt the rule no later than November 20, 2024. This emergency administrative regulation shall be replaced by an ordinary administrative regulation, which is being filed simultaneously with the Regulations Compiler. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JAMIE LINK, Chairman
EDUCATION AND LABOR CABINET
Department of Workplace Standards
Division of Occupational Safety and Health Compliance
(Emergency Amendment)
803 KAR 2:320E.Toxic and hazardous substances.
Section 1.
Definitions.(1)
"Absolute filter" means a filter capable of retaining 99.97 percent of a mono disperse aerosol of zero and three-tenths (0.3) mu particles.(2)
"Area director" means Director, Division of Occupational Safety and Health Compliance, Kentucky Education and Labor Cabinet.(3)
"Authorized employee" means an employee whose duties require the employee to be in the regulated area and who has been specifically assigned to that area by the employer.(4)
"Clean change room" means a room where employees put on clean clothing or protective equipment in an environment free of 4,4' Methylene bis (2-chloroaniline).(5)
"Closed system" means an operation involving 4,4'-Methylene bis (2-chloroaniline) if containment prevents the release of 4,4' Methylene bis (2-chloroaniline) into regulated areas, nonregulated areas, or the external environment.(6)
"Decontamination" means the inactivation of 4,4'-Methylene bis (2-chloroaniline) or its safe disposal.(7)
"Director" means the Director, National Institute for Occupational Safety and Health, or any person directed by the director or the Secretary of Health, Education, and Welfare to act for the director.(8)
"Disposal" means the safe removal of 4,4'-Methylene bis (2-chloroaniline) from the work environment.(9)
"Emergency" means an unforeseen circumstance or set of circumstances resulting in the release of 4,4'-Methylene bis (2-chloroaniline) that could result in exposure to or contact with 4,4'-Methylene bis (2-chloroaniline).(10)
"Employee" is defined by KRS 338.015(2).(11)
"Employer" is defined by KRS 338.015(1).(12)
"External environment" means any environment external to regulated and nonregulated areas.(13)
"Isolated system" means a fully enclosed structure, other than the vessel of containment, of 4,4'-Methylene bis (2-chloroaniline), which is impervious to the passage of entry of 4,4'-Methylene bis (2-chloroaniline), and which would prevent the entry of 4,4'-Methylene bis (2-chloroaniline) into regulated areas, or the external environment, if leakage or spillage from the vessel of containment occurs.(14)
"Laboratory type hood" means a device:(a)
Enclosed on three (3) sides with the top and bottom designed and maintained to draw air inward at an average linear face velocity of 150 feet per minute with a minimum of 125 feet per minute; and(b)
Designed, constructed, and maintained so that an operation involving 4,4'-Methylene bis (2-chloroaniline) within the hood does not require the insertion of any portion of an employee's body other than hands and arms.(15)
"Nonregulated area" means any area under the control of the employer where entry and exit is neither restricted nor controlled.(16)
"Open vessel system" means an operation involving 4,4'-Methylene bis (2-chloroaniline) in an open vessel, which is not in an isolated system, a laboratory type hood, nor in any other system affording equivalent protection against the entry of 4,4'-Methylene bis (2-chloroaniline) into regulated areas, nonregulated areas, or the external environment.(17)
"Protective clothing" means clothing designed to protect an employee against contact with or exposure to 4,4'-Methylene bis (2-chloroaniline).(18)
"Regulated area" means an area where entry and exit is restricted and controlled.(19)
"Standard" means "occupational safety and health standards" as defined by KRS 338.015(3).Section 2.
4,4'-Methylene bis (2-Chloroaniline).(1)
Scope and application.(a)
This section shall apply to any area in which 4,4'-Methylene bis (2-chloroaniline), Chemical Abstracts Service Registry Number 101144, is manufactured, processed, repackaged, released, handled, or stored. This section shall not apply to trans-shipment in sealed containers, except for the labeling requirements under subsection (4)(b), (c), and (d) of this section.(b)
This section shall not apply to solid or liquid mixtures containing less than one and zero-tenths (1.0) percent by weight of 4,4'-Methylene bis (2-chloroaniline).(2)
Requirements for areas containing 4,4'-Methylene bis (2-chloroaniline). A regulated area shall be established by an employer where 4,4'-Methylene bis (2-chloroaniline) is manufactured, processed, used, repackaged, released, handled, or stored. Those areas shall be controlled in accordance with the requirements established in paragraphs (a) through (g) of this subsection for the category or categories describing the operations involved.(a)
Isolated systems. Employees working with 4,4'-Methylene bis (2-chloroaniline) within an isolated system such as a "glove box" shall wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system.(b)
Closed system operation. Within regulated areas if 4,4'-Methylene bis (2-chloroaniline) is stored in a sealed container, or contained in a closed system including piping systems, with any sample ports or openings closed while 4,4'-Methylene bis (2-chloroaniline) is contained within:1.
Access shall be restricted to authorized employees only; and2.
Employees shall be required to wash hands, forearms, face, and neck upon each exit from the regulated areas, close to the point of exit and before engaging in other activities.(c)
Open vessel system operations. Open vessel system operations shall be prohibited.(d)
Transfer from a closed system, charging or discharging point operations, or otherwise opening a closed system. In operations involving a "laboratory type hood," or in locations where 4,4'-Methylene bis (2-chloroaniline) is contained in an otherwise "closed system," but is transferred, charged, or discharged into other normally closed containers, the provisions of this paragraph shall apply.1.
Access shall be restricted to authorized employees only.2.
Each operation shall be provided with continuous local exhaust ventilation so that air movement shall always be from ordinary work areas to the operation.a.
Exhaust air shall not be discharged to regulated areas, nonregulated areas, or the external environment unless it is decontaminated.b.
Clean make-up air shall be introduced in sufficient volume to maintain the correct operation of the local exhaust system.3.
Employees shall be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe covers, and gloves prior to entering the regulated area.4.
Employees engaged in 4,4'-Methylene bis (2-chloroaniline) handling operations shall be provided with and required to wear and use a half-face, filter-type respirator for dusts, mists, and fumes, in accordance with 29 C.F.R. 1910.134. A respirator affording a higher level of protection may be substituted.5.
Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day and to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal. The contents of the impervious containers shall be identified, as required under subsection (4)(b), (c), and (d) of this section.6.
Employees shall be required to wash hands, forearms, face, and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities.7.
Employees shall be required to shower after the last exit of the day.8.
Drinking fountains shall be prohibited in the regulated area.(e)
Maintenance and decontamination activities. In cleanup of leaks or spills, maintenance or repair operations on contaminated systems or equipment, or any operations involving work in an area where direct contact with 4,4'-Methylene bis (2-chloroaniline) could result, each authorized employee entering that area shall be:1.
Provided with and required to wear clean, impervious garments, including gloves, boots, and continuous-air supplied hood in accordance with 29 C.F.R. 1910.134;2.
Decontaminated before removing the protective garments and hood; and3.
Required to shower upon removing the protective garments and hood.(f)
Laboratory activities. The requirements of this paragraph shall apply to research and quality control activities involving the use of 4,4'-Methylene bis (2-chloroaniline).1.
Mechanical pipetting aids shall be used for all pipetting procedures.2.
Experiments, procedures, and equipment that could produce aerosols shall be confined to laboratory-type hoods or glove boxes.3.
Surfaces on which 4,4'-Methylene bis (2-chloroaniline) is handled shall be protected from contamination.4.
a.
Contaminated wastes and animal carcasses shall be collected in impervious containers that are closed and decontaminated prior to removal from the work area.b.
The wastes and carcasses shall be incinerated so that no carcinogenic products are released.5.
All other forms of 4,4'-Methylene bis (2-chloroaniline) shall be inactivated prior to disposal.6.
Employees engaged in animal support activities shall be:a.
Provided with and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices;b.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day and to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal. The contents of the impervious containers shall be identified as required under subsection (4)(b), (c), and (d) of this section;c.
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to the point of exit and before engaging in other activities; andd.
Required to shower after the last exit of the day.7.
Employees, except for those engaged in animal support activities, each day shall be:a.
Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat;b.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day and to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal. The contents of the impervious containers shall be identified as required under subsection (4)(b), (c), and (d) of this section; andc.
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to the point of exit and before engaging in other activities.8.
Air pressure in laboratory areas and animal rooms where 4,4'-Methylene bis (2-chloroaniline) is handled and bioassay studies are performed shall be negative in relation to the pressure in the surrounding area. Exhaust air shall not be discharged to regulated areas, nonregulated areas, or the external environment unless it is decontaminated.9.
There shall not be a connection between regulated areas and any other areas through the ventilation system.10.
A current inventory of 4,4'-Methylene bis (2-chloroaniline) shall be maintained.11.
Ventilated apparatus such as laboratory type hoods, shall be tested at least semi-annually or immediately after ventilation modification of maintenance operations, by personnel fully qualified to certify correct containment and operation.(g)
Premixed solutions. If 4,4'-Methylene bis (2-chloroaniline) is present only in a single solution at a temperature not exceeding 120 degrees Celsius, the establishment of a regulated area shall not be required, except:1.
Only authorized employees shall be permitted to handle the materials;2.
Each day employees shall be provided with and required to wear a clean change of protective clothing (smocks, coveralls, or long-sleeved shirts and pants), gloves, and other protective garments and equipment necessary to prevent contact with the solution in the process used;3.
Employees shall be required to remove and leave protective clothing and equipment if leaving the work area at the end of the work day or if solution is spilled on the clothing or equipment. Used clothing and equipment shall be placed in impervious containers for decontamination or disposal. The contents of the impervious containers shall be identified, as required under subsection (4)(b), (c), and (d) of this section;4.
Employees shall be required to wash hands and face after removing protective clothing and equipment and before engaging in other activities;5.
Employees assigned to work covered by this paragraph shall be deemed to be working in regulated areas for the purposes of subsection (4)(a), (b), and (c) of this section; and6.
Work areas where solution could be spilled shall be:a.
Covered daily or after any spill with a clean covering; andb.
Cleaned thoroughly daily and after any spill.(3)
General regulated area requirements.(a)
Employee identification.1.
A daily roster of employees entering regulated areas shall be established and maintained.2.
The rosters or a summary of the rosters shall be retained for a period of twenty (20) years.3.
The rosters or summaries shall be provided upon request to authorized representatives of the assistant secretary and the director.4.
If the employer ceases business without a successor, rosters shall be forwarded by registered mail to the director.(b)
Emergencies. In an emergency, immediate measures, including the requirements of this paragraph, shall be implemented.1.
The potentially affected area shall be evacuated as soon as the emergency is determined.2.
Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.3.
a.
Special medical surveillance by a physician shall be instituted within twenty-four (24) hours for employees present in the potentially affected area at the time of the emergency.b.
A report of the medical surveillance and any treatment shall be included in the incident report, in accordance with subsection (5)(b) of this section.4.
If an employee has a known contact with 4,4'-Methylene bis (2-chloroaniline), the employee shall be required to shower as soon as possible, unless contraindicated by physical injuries.5.
An incident report on the emergency shall be reported as established in subsection (5)(b) of this section.(c)
Hygiene facilities and practices.1.
Storage or consumption of food, storage or use of containers of beverages, storage or consumption of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of those products, shall be prohibited in regulated areas.2.
If employees are required by this section to wash, washing facilities shall be provided in accordance with 29 C.F.R. 1910.141.3.
If employees are required by this section to shower, facilities shall be provided in accordance with 29 C.F.R. 1910.141(d)(3).4.
If employees wear protective clothing and equipment, clean change rooms shall be provided, in accordance with 29 C.F.R. 1910.141(e), for the number of employees required to change clothes.5.
If toilets are located in regulated areas, the toilets shall be in a separate room.(d)
Contamination control.1.
Regulated areas, except for outdoor systems, shall be maintained under pressure negative with respect to nonregulated areas.a.
Local exhaust ventilation may be used to satisfy this requirement.b.
Clean make-up air in equal volume shall replace air removed.2.
Any equipment, material, or other item taken or removed from a regulated area shall be done so in a manner that does not cause contamination in nonregulated areas or the external environment.3.
Decontamination procedures shall be established and implemented to remove 4,4'-Methylene bis (2-chloroaniline) from the surface of materials, equipment, and the decontamination facility.4.
Dry sweeping and dry mopping shall be prohibited.(4)
Signs, information, and training.(a)
Signs.1.
Entrance to regulated areas shall be posted with signs bearing the legend:| CANCER-SUSPECT AGENT Authorized Personnel Only |
2.
Entrances to regulated areas containing operations established in subsection (2)(e) of this section shall be posted with signs bearing the legend:| Cancer-Suspect Agent Exposed In this Area Impervious Suit Including Gloves, Boots, and Air-Supplied Hood Required At All Times Authorized Personnel Only |
3.
Appropriate signs and instructions shall be posted at the entrance to, and exit from, regulated areas, informing employees of the procedures that shall be followed in entering and leaving a regulated area.(b)
Container labeling. Containers shall be labeled in accordance with the requirements of 29 C.F.R. 1910.1200.(c)
Lettering.1.
Lettering on signs and instructions required by paragraph (a) of this subsection shall be a minimum letter height of two (2) inches.2.
Labels on containers required by paragraph (b) of this subsection shall:a.
Not be less than one-half (1/2) the size of the largest lettering on the package, up to a maximum required size of one (1) inch in height; andb.
Not use less than eight (8) point type.(d)
Prohibited statements. A statement shall not appear on or near any required sign, label, or instruction that contradicts or detracts from the effect of any required warning, information, or instruction.(e)
Training and indoctrination.1.
Each employee, prior to being authorized to enter a regulated area, shall receive a training and indoctrination program including:a.
The nature of the carcinogenic hazards of 4,4'-Methylene bis (2-chloroaniline), including local and systemic toxicity;b.
The specific nature of the operation involving 4,4'-Methylene bis (2-chloroaniline) that could result in exposure;c.
The purpose for and application of the medical surveillance program, including, as appropriate, methods of self-examination;d.
The purpose for and application of decontamination practices and procedures;e.
The purpose for and significance of emergency practices and procedures;f.
The employee's specific role in emergency procedures;g.
Specific information to aid the employee in recognition and evaluation of conditions and situations that could result in the release of 4,4'-Methylene bis (2-chloroaniline); andh.
The purpose for and application of specific first-aid procedures and practices.2.
Each employee shall receive a review of this section at the employee's first training and indoctrination program and annually thereafter.3.
Specific emergency procedures shall be established and posted, and employees shall be familiarized with their terms and rehearsed in their application.4.
All materials relating to the program shall be provided if requested by authorized representatives of the assistant secretary and the director.(5)
Reports.(a)
Operations. Not later than March 1 of each year, the information required by this paragraph shall be reported in writing by the employer to the nearest Area Director. Any change in the reported information shall be reported in writing within fifteen (15) calendar days of the change. The report shall contain:1.
A brief description and in-plant location of the areas regulated and the address of each regulated area;2.
The names and other identifying information as to the presence of 4,4'-Methylene bis (2-chloroaniline) in each regulated area;3.
The number of employees in each regulated area, during normal operations including maintenance activities; and4.
The manner in which 4,4'-Methylene bis (2-chloroaniline) is present in each regulated area, such as whether or not it is manufactured, processed, used, repackaged, released, stored, or otherwise handled.(b)
Incidents. Incidents that result in the release of 4,4'-Methylene bis (2-chloroaniline) into any area where employees may be exposed shall be reported in accordance with this paragraph.1.
A report of the incident and the facts obtainable at that time, including a report on any medical treatment of affected employees, shall be made within twenty-four (24) hours to the nearest Area Director.2.
A written report shall be filed with the nearest Area Director within fifteen (15) calendar days of the initial report and shall include:a.
A specification of the amount of material released, the amount of time involved, and an explanation of the procedure used in determining this figure;b.
A description of the area involved, and the extent of known and possible employee and area contamination;c.
A report of any medical treatment of affected employees and any medical surveillance program implemented; andd.
An analysis of the steps to be taken, with specific completion dates, to avoid further similar release.(6)
Medical surveillance. At no cost to the employee, a program of medical surveillance shall be established and implemented for employees considered for assignment to enter regulated areas, and for authorized employees.(a)
Examinations.1.
Before an employee is assigned to enter a regulated area, a preassignment physical examination by a physician shall be provided. The examination shall include the personal history of the employee, family, and occupational background, including genetic and environmental factors.2.
Authorized employees shall be provided with periodic physical examinations at least annually, following the preassignment examination.3.
In all physical examinations, the examining physician shall consider whether or not there exist conditions of increased risk, including reduced immunological competence, current treatment with steroids of cytotoxic agents, pregnancy, and cigarette smoking.(b)
Records.1.
Employers of employees examined pursuant to this subsection shall maintain complete and accurate records of all medical examinations. Records shall be maintained for at least the duration of the employee's employment. If the employee's employment is terminated, including by retirement or death, or if the employer ceases business without a successor, records, or notarized true copies thereof, shall be forwarded by registered mail to the director.2.
Records required by this paragraph shall be provided if requested by authorized representatives of the assistant secretary or the director. If requested by an employee or former employee, the records shall be provided to a physician designated by the employee or to a new employer.3.
Any physician who conducts a medical examination required by this subsection shall furnish to the employer a statement of the employee's suitability for employment in the specific exposure.Section 3.
Laboratory Activities. The requirements of this section shall apply to research and quality control activities involving the use of chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016.(1)
Mechanical pipetting aids shall be used for all pipetting procedures.(2)
Experiments, procedures, and equipment that could produce aerosols shall be confined to laboratory-type hoods or glove boxes.(3)
Surfaces on which chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 are handled shall be protected from contamination.(4)
Contaminated wastes and animal carcasses shall be collected in impervious containers that are closed and decontaminated prior to removal from the work area. The wastes and carcasses shall be incinerated so that carcinogenic products shall not be released.(5)
All other forms of chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 shall be inactivated prior to disposal.(6)
Laboratory vacuum systems shall be protected with high-efficiency scrubbers or with disposal absolute filters.(7)
Employees engaged in animal support activities shall be:(a)
Provided with and required to wear, a complete protective clothing change, clean each day, including coveralls, or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices;(b)
1.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal; and2.
The contents of the impervious containers shall be identified as required under Section 2(4)(b), (c), and (d) of this administrative regulation;(c)
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to point of exit, and before engaging in other activities; and(d)
Required to shower after the last exit of the day.(8)
Employees, except for those engaged only in animal support activities, each day shall be:(a)
Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat;(b)
1.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal; and2.
The contents of the impervious containers shall be identified as required under Section 2(4)(b), (c), and (d) of this administrative regulation; and(c)
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to point of exit, and before engaging in other activities.(9)
Air pressure in laboratory areas and animal rooms where chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 are handled and bioassay studies are performed shall be negative in relation to the pressure in surrounding areas. Exhaust air shall not be discharged to regulated areas, nonregulated areas, or the external environment unless it is decontaminated.(10)
There shall not be a connection between regulated areas and any other areas through the ventilation system.(11)
A current inventory of chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 shall be maintained.(12)
Ventilated apparatus such as laboratory-type hoods shall be tested at least semi-annually or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation.Section 4.
Access to Exposure or Medical Records.(1)
The language relating to the access to exposure or medical records in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.1020(e)(1)(i).(2)
If an employee or designated representative requests access to an exposure or medical record, the employer shall ensure that access is provided in a reasonable time, place, and manner, but not longer than fifteen (15) days after the request for access is made unless sufficient reason is given why that time is unreasonable or impractical.(3)
The language relating to the access to exposure or medical records in subsection (4) of this section shall apply in lieu of 29 C.F.R. 1910.1020(e)(1)(iii).(4)
If an employee or designated representative requests a copy of a record, the employer shall, except as specified in 29 C.F.R. 1910.1020(e)(1)(v) of this section, within the period of time established in subsection (2) of this section, ensure that either:(a)
A copy of the record shall be provided without cost to the employee or representative;(b)
The necessary mechanical copying facilities (for example, photocopying) shall be made available without cost to the employee or representative for copying the record; or(c)
The record shall be loaned to the employee or representative for a reasonable time to enable a copy to be made.Section 5.
(1)
The language relating to gloves in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.1030(d)(3)(ix).(2)
Gloves shall be worn if it can be reasonably anticipated that the employees might have hand contact with blood, other potentially infectious materials, mucous membranes, and nonintact skin if performing vascular access procedures or if handling or touching contaminated items or surfaces.Section 6.
Except as established by Sections 1 through 5 of this administrative regulation, general industry shall comply with 29 C.F.R. Subpart Z, Toxic and Hazardous Substances, published by the Office of the Federal Register, National Archives and Records Administration.JAMIE LINK, Secretary
APPROVED BY AGENCY: November 19, 2024
FILED WITH LRC: November 19, 2024 at 1:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held January 31, 2024, 10:00 a.m. EST via Zoom. Public access to the meeting is available at: https://us06web.zoom.us/j/86096997465?pwd=RauFkIhaJX7JIV39FZ0hz1cc63LD7k.1 or by telephone at (713) 353-0212, (888) 822-7517 toll free, conference code 194378. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through January 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Robin Maples, OSH Standards Specialist, Education and Labor Cabinet, Mayo-Underwood Building, 500 Mero Street, 3rd Floor, Frankfort, Kentucky 40601, phone (502) 564-4107, fax (502) 564-4769, email robin.maples@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Robin Maples
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Section 1 of this emergency administrative regulation defines terms not found in the federal standard. Section 2, effective since February 12, 1996, retains requirements for employees with occupational exposure to 4,4'-Methylenebis (2-Chloroaniline). Section 3, also effective since February 12, 1996, retains requirements associated with research and quality control laboratory activities involving the use of the chemicals covered by 29 C.F.R. 1910.1003-1016. Section 4, effective since July 17, 1997, retains requirements related to access to exposure or medical records. Section 5, effective since October 7, 1992, retains requirements involving glove use related to 29 C.F.R. 1910.1030. Section 6 adopts the requirements found in 29 C.F.R. 1910 Subpart Z, Toxic and hazardous substances and OSHA’s May 20, 2024 final rule that amended HCS to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals, addressed issues that arose during the implementation of the 2012 HCS update, and provided better alignment with other U.S. agencies and international trading partners while enhancing the effectiveness of the standard. OSHA determined the revisions in the final rule enhance HCS effectiveness by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets, and related revisions to definitions of terms used in the standard. Section 6 also adopts OSHA’s October 9, 2024, final rule that corrects several primarily typographical errors in the May 20, 2024, final rule.
(b) The necessity of this administrative regulation:
This regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 338.051(3) requires the Kentucky Occupational Safety and Health Standards Board to promulgate OSH administrative regulations and authorizes the chairman to reference federal standards without board approval if necessary to meet federal time requirements. This emergency administrative regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation promotes worker safety and health throughout Kentucky and ensures the state requirement is as effective as the federal requirement. This emergency regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
(b) The necessity of the amendment to this administrative regulation:
Kentucky operates a State Plan approved by OSHA that provides employee OSH protections. OSHA approves, monitors, and provides funding to Kentucky. It is necessary to promulgate this emergency regulation to meet the requirements established in Public Law 91-596 84 STAT. 1590, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. The Education and Labor Cabinet must promulgate this emergency administrative to ensure the state is at least as effective as the federal requirement. This emergency administrative regulation ensures Kentucky’s compliance with the federal mandates, maintains Kentucky’s primacy, and retains federal funding.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 338.051(3) requires the Kentucky Occupational Safety and Health Standards Board to promulgate OSH administrative regulations and authorizes the chairman to reference federal standards without board approval if necessary to meet federal time requirements. This emergency administrative regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment maintains consistency with the federal requirements. This amendment promotes employee health and safety throughout Kentucky and keeps the state program consistent with the federal program.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This emergency administrative regulation affects all employers in the Commonwealth covered by KRS Chapter 338.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional compliance duties are imposed, and no immediate action is required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no additional cost to the OSH Program to implement this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This emergency administrative regulation promotes worker safety and health throughout Kentucky and ensures the state requirement is as effective as the federal requirement.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the OSH Program to implement this emergency administrative regulation.
(b) On a continuing basis:
There is no continuing cost to the OSH Program to implement this emergency administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Current state and federal funding.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is neither an increase in fees nor an increase in funding necessary to implement this emergency administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This emergency administrative regulation neither establishes any fees nor directly or indirectly increases any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied. All employers covered by KRS Chapter 338 are treated equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 338.051, KRS 338.061, Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1)
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
This emergency administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment does not impose any additional requirements or expenditures.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment does not impose any additional requirements or expenditures.
(4) Identify additional regulated entities not listed in questions (2) or (3):
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
Nationwide, OSHA estimates the rule will affect 111,223 firms, 147,832 establishments, and 1,530,476 employees and, for each affected industry, will either provide cost savings or the costs would be less than one percent of revenues or ten percent of profits. Nationwide, the net cost savings of the final rule are expected to be $29.8 million per year.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment is not expected to have significant impact on expenditures, revenues, or cost savings in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
Nationwide, OSHA estimates the rule will affect 111,223 firms, 147,832 establishments, and 1,530,476 employees and, for each affected industry, will either provide cost savings or the costs would be less than one percent of revenues or ten percent of profits. Nationwide, the net cost savings of the final rule are expected to be $29.8 million per year.
(b) Methodology and resources used to determine the fiscal impact:
Federal Register, Volume 89, Number 63, V. Final Economic Analysis and Regulatory Flexibility Act Certification.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This emergency administrative regulation imposes no new direct cost burden on employers and does not require them to take any action to comply.
(b) The methodology and resources used to reach this conclusion:
Federal Register, Volume 89, Number 63, V. Final Economic Analysis and Regulatory Flexibility Act Certification.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1).
(2) State compliance standards.
The Kentucky OSH Program is mandated to be at least as effective as the federal requirement. Accordingly, in order to maintain the state program as effective as the federal program, Kentucky must adopt the federal requirement or develop an equivalent standard. This regulation is equivalent.
(3) Minimum or uniform standards contained in the federal mandate.
Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1).
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
Yes
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Section 1 of this administrative regulation defines terms not found in the federal standard. Section 2, effective since February 12, 1996, retains requirements related to 4,4'-Methylene bis (2-chloroaniline). Section 3, also effective since February 12, 1996, retains requirements associated with research and quality control laboratory activities involving the use of the chemicals covered by 29 C.F.R. 1910.1003-1016 that are more protective than OSHA. Section 4, effective since July 17, 1997, retains requirements related to access to exposure or medical records that are more protective than OSHA. Section 5, effective since October 7, 1992, retains requirements related to glove use as it applies to 29 C.F.R. 1910.1030 that are more protective than OSHA.
STATEMENT OF EMERGENCY
803 KAR 2:320E
This emergency administrative regulation adopts the May 20, 2024, Occupational Safety and Health Administration ("OSHA") final rule that amended the Hazard Communication Standard ("HCS") to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals, addressed issues that arose during the implementation of the 2012 HCS update, and provided better alignment with other U.S. agencies and international trading partners while enhancing the effectiveness of the standard. OSHA determined the revisions in the final rule enhance HCS effectiveness by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets, and related revisions to definitions of terms used in the standard. It is necessary to promulgate this emergency regulation to meet the requirements established in Pub.L. 91-596 84 STAT. 1590 Section 18 (Occupational Safety and Health ("OSH") Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. Furthermore, 29 C.F.R. 1953.5 mandates adoption of the final rule within six (6) months of the date of the May 20, 2024, promulgation. Therefore, Kentucky must adopt the rule no later than November 20, 2024. This emergency administrative regulation shall be replaced by an ordinary administrative regulation, which is being filed simultaneously with the Regulations Compiler. The ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JAMIE LINK, Chairman
EDUCATION AND LABOR CABINET
Department of Workplace Standards
Division of Occupational Safety and Health Compliance
(Emergency Amendment)
803 KAR 2:320E.Toxic and hazardous substances.
Section 1.
Definitions.(1)
"Absolute filter" means a filter capable of retaining 99.97 percent of a mono disperse aerosol of zero and three-tenths (0.3) mu particles.(2)
"Area director" means Director, Division of Occupational Safety and Health Compliance, Kentucky Education and Labor Cabinet.(3)
"Authorized employee" means an employee whose duties require the employee to be in the regulated area and who has been specifically assigned to that area by the employer.(4)
"Clean change room" means a room where employees put on clean clothing or protective equipment in an environment free of 4,4' Methylene bis (2-chloroaniline).(5)
"Closed system" means an operation involving 4,4'-Methylene bis (2-chloroaniline) if containment prevents the release of 4,4' Methylene bis (2-chloroaniline) into regulated areas, nonregulated areas, or the external environment.(6)
"Decontamination" means the inactivation of 4,4'-Methylene bis (2-chloroaniline) or its safe disposal.(7)
"Director" means the Director, National Institute for Occupational Safety and Health, or any person directed by the director or the Secretary of Health, Education, and Welfare to act for the director.(8)
"Disposal" means the safe removal of 4,4'-Methylene bis (2-chloroaniline) from the work environment.(9)
"Emergency" means an unforeseen circumstance or set of circumstances resulting in the release of 4,4'-Methylene bis (2-chloroaniline) that could result in exposure to or contact with 4,4'-Methylene bis (2-chloroaniline).(10)
"Employee" is defined by KRS 338.015(2).(11)
"Employer" is defined by KRS 338.015(1).(12)
"External environment" means any environment external to regulated and nonregulated areas.(13)
"Isolated system" means a fully enclosed structure, other than the vessel of containment, of 4,4'-Methylene bis (2-chloroaniline), which is impervious to the passage of entry of 4,4'-Methylene bis (2-chloroaniline), and which would prevent the entry of 4,4'-Methylene bis (2-chloroaniline) into regulated areas, or the external environment, if leakage or spillage from the vessel of containment occurs.(14)
"Laboratory type hood" means a device:(a)
Enclosed on three (3) sides with the top and bottom designed and maintained to draw air inward at an average linear face velocity of 150 feet per minute with a minimum of 125 feet per minute; and(b)
Designed, constructed, and maintained so that an operation involving 4,4'-Methylene bis (2-chloroaniline) within the hood does not require the insertion of any portion of an employee's body other than hands and arms.(15)
"Nonregulated area" means any area under the control of the employer where entry and exit is neither restricted nor controlled.(16)
"Open vessel system" means an operation involving 4,4'-Methylene bis (2-chloroaniline) in an open vessel, which is not in an isolated system, a laboratory type hood, nor in any other system affording equivalent protection against the entry of 4,4'-Methylene bis (2-chloroaniline) into regulated areas, nonregulated areas, or the external environment.(17)
"Protective clothing" means clothing designed to protect an employee against contact with or exposure to 4,4'-Methylene bis (2-chloroaniline).(18)
"Regulated area" means an area where entry and exit is restricted and controlled.(19)
"Standard" means "occupational safety and health standards" as defined by KRS 338.015(3).Section 2.
4,4'-Methylene bis (2-Chloroaniline).(1)
Scope and application.(a)
This section shall apply to any area in which 4,4'-Methylene bis (2-chloroaniline), Chemical Abstracts Service Registry Number 101144, is manufactured, processed, repackaged, released, handled, or stored. This section shall not apply to trans-shipment in sealed containers, except for the labeling requirements under subsection (4)(b), (c), and (d) of this section.(b)
This section shall not apply to solid or liquid mixtures containing less than one and zero-tenths (1.0) percent by weight of 4,4'-Methylene bis (2-chloroaniline).(2)
Requirements for areas containing 4,4'-Methylene bis (2-chloroaniline). A regulated area shall be established by an employer where 4,4'-Methylene bis (2-chloroaniline) is manufactured, processed, used, repackaged, released, handled, or stored. Those areas shall be controlled in accordance with the requirements established in paragraphs (a) through (g) of this subsection for the category or categories describing the operations involved.(a)
Isolated systems. Employees working with 4,4'-Methylene bis (2-chloroaniline) within an isolated system such as a "glove box" shall wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system.(b)
Closed system operation. Within regulated areas if 4,4'-Methylene bis (2-chloroaniline) is stored in a sealed container, or contained in a closed system including piping systems, with any sample ports or openings closed while 4,4'-Methylene bis (2-chloroaniline) is contained within:1.
Access shall be restricted to authorized employees only; and2.
Employees shall be required to wash hands, forearms, face, and neck upon each exit from the regulated areas, close to the point of exit and before engaging in other activities.(c)
Open vessel system operations. Open vessel system operations shall be prohibited.(d)
Transfer from a closed system, charging or discharging point operations, or otherwise opening a closed system. In operations involving a "laboratory type hood," or in locations where 4,4'-Methylene bis (2-chloroaniline) is contained in an otherwise "closed system," but is transferred, charged, or discharged into other normally closed containers, the provisions of this paragraph shall apply.1.
Access shall be restricted to authorized employees only.2.
Each operation shall be provided with continuous local exhaust ventilation so that air movement shall always be from ordinary work areas to the operation.a.
Exhaust air shall not be discharged to regulated areas, nonregulated areas, or the external environment unless it is decontaminated.b.
Clean make-up air shall be introduced in sufficient volume to maintain the correct operation of the local exhaust system.3.
Employees shall be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe covers, and gloves prior to entering the regulated area.4.
Employees engaged in 4,4'-Methylene bis (2-chloroaniline) handling operations shall be provided with and required to wear and use a half-face, filter-type respirator for dusts, mists, and fumes, in accordance with 29 C.F.R. 1910.134. A respirator affording a higher level of protection may be substituted.5.
Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day and to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal. The contents of the impervious containers shall be identified, as required under subsection (4)(b), (c), and (d) of this section.6.
Employees shall be required to wash hands, forearms, face, and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities.7.
Employees shall be required to shower after the last exit of the day.8.
Drinking fountains shall be prohibited in the regulated area.(e)
Maintenance and decontamination activities. In cleanup of leaks or spills, maintenance or repair operations on contaminated systems or equipment, or any operations involving work in an area where direct contact with 4,4'-Methylene bis (2-chloroaniline) could result, each authorized employee entering that area shall be:1.
Provided with and required to wear clean, impervious garments, including gloves, boots, and continuous-air supplied hood in accordance with 29 C.F.R. 1910.134;2.
Decontaminated before removing the protective garments and hood; and3.
Required to shower upon removing the protective garments and hood.(f)
Laboratory activities. The requirements of this paragraph shall apply to research and quality control activities involving the use of 4,4'-Methylene bis (2-chloroaniline).1.
Mechanical pipetting aids shall be used for all pipetting procedures.2.
Experiments, procedures, and equipment that could produce aerosols shall be confined to laboratory-type hoods or glove boxes.3.
Surfaces on which 4,4'-Methylene bis (2-chloroaniline) is handled shall be protected from contamination.4.
a.
Contaminated wastes and animal carcasses shall be collected in impervious containers that are closed and decontaminated prior to removal from the work area.b.
The wastes and carcasses shall be incinerated so that no carcinogenic products are released.5.
All other forms of 4,4'-Methylene bis (2-chloroaniline) shall be inactivated prior to disposal.6.
Employees engaged in animal support activities shall be:a.
Provided with and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices;b.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day and to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal. The contents of the impervious containers shall be identified as required under subsection (4)(b), (c), and (d) of this section;c.
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to the point of exit and before engaging in other activities; andd.
Required to shower after the last exit of the day.7.
Employees, except for those engaged in animal support activities, each day shall be:a.
Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat;b.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day and to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal. The contents of the impervious containers shall be identified as required under subsection (4)(b), (c), and (d) of this section; andc.
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to the point of exit and before engaging in other activities.8.
Air pressure in laboratory areas and animal rooms where 4,4'-Methylene bis (2-chloroaniline) is handled and bioassay studies are performed shall be negative in relation to the pressure in the surrounding area. Exhaust air shall not be discharged to regulated areas, nonregulated areas, or the external environment unless it is decontaminated.9.
There shall not be a connection between regulated areas and any other areas through the ventilation system.10.
A current inventory of 4,4'-Methylene bis (2-chloroaniline) shall be maintained.11.
Ventilated apparatus such as laboratory type hoods, shall be tested at least semi-annually or immediately after ventilation modification of maintenance operations, by personnel fully qualified to certify correct containment and operation.(g)
Premixed solutions. If 4,4'-Methylene bis (2-chloroaniline) is present only in a single solution at a temperature not exceeding 120 degrees Celsius, the establishment of a regulated area shall not be required, except:1.
Only authorized employees shall be permitted to handle the materials;2.
Each day employees shall be provided with and required to wear a clean change of protective clothing (smocks, coveralls, or long-sleeved shirts and pants), gloves, and other protective garments and equipment necessary to prevent contact with the solution in the process used;3.
Employees shall be required to remove and leave protective clothing and equipment if leaving the work area at the end of the work day or if solution is spilled on the clothing or equipment. Used clothing and equipment shall be placed in impervious containers for decontamination or disposal. The contents of the impervious containers shall be identified, as required under subsection (4)(b), (c), and (d) of this section;4.
Employees shall be required to wash hands and face after removing protective clothing and equipment and before engaging in other activities;5.
Employees assigned to work covered by this paragraph shall be deemed to be working in regulated areas for the purposes of subsection (4)(a), (b), and (c) of this section; and6.
Work areas where solution could be spilled shall be:a.
Covered daily or after any spill with a clean covering; andb.
Cleaned thoroughly daily and after any spill.(3)
General regulated area requirements.(a)
Employee identification.1.
A daily roster of employees entering regulated areas shall be established and maintained.2.
The rosters or a summary of the rosters shall be retained for a period of twenty (20) years.3.
The rosters or summaries shall be provided upon request to authorized representatives of the assistant secretary and the director.4.
If the employer ceases business without a successor, rosters shall be forwarded by registered mail to the director.(b)
Emergencies. In an emergency, immediate measures, including the requirements of this paragraph, shall be implemented.1.
The potentially affected area shall be evacuated as soon as the emergency is determined.2.
Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.3.
a.
Special medical surveillance by a physician shall be instituted within twenty-four (24) hours for employees present in the potentially affected area at the time of the emergency.b.
A report of the medical surveillance and any treatment shall be included in the incident report, in accordance with subsection (5)(b) of this section.4.
If an employee has a known contact with 4,4'-Methylene bis (2-chloroaniline), the employee shall be required to shower as soon as possible, unless contraindicated by physical injuries.5.
An incident report on the emergency shall be reported as established in subsection (5)(b) of this section.(c)
Hygiene facilities and practices.1.
Storage or consumption of food, storage or use of containers of beverages, storage or consumption of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of those products, shall be prohibited in regulated areas.2.
If employees are required by this section to wash, washing facilities shall be provided in accordance with 29 C.F.R. 1910.141.3.
If employees are required by this section to shower, facilities shall be provided in accordance with 29 C.F.R. 1910.141(d)(3).4.
If employees wear protective clothing and equipment, clean change rooms shall be provided, in accordance with 29 C.F.R. 1910.141(e), for the number of employees required to change clothes.5.
If toilets are located in regulated areas, the toilets shall be in a separate room.(d)
Contamination control.1.
Regulated areas, except for outdoor systems, shall be maintained under pressure negative with respect to nonregulated areas.a.
Local exhaust ventilation may be used to satisfy this requirement.b.
Clean make-up air in equal volume shall replace air removed.2.
Any equipment, material, or other item taken or removed from a regulated area shall be done so in a manner that does not cause contamination in nonregulated areas or the external environment.3.
Decontamination procedures shall be established and implemented to remove 4,4'-Methylene bis (2-chloroaniline) from the surface of materials, equipment, and the decontamination facility.4.
Dry sweeping and dry mopping shall be prohibited.(4)
Signs, information, and training.(a)
Signs.1.
Entrance to regulated areas shall be posted with signs bearing the legend:| CANCER-SUSPECT AGENT Authorized Personnel Only |
2.
Entrances to regulated areas containing operations established in subsection (2)(e) of this section shall be posted with signs bearing the legend:| Cancer-Suspect Agent Exposed In this Area Impervious Suit Including Gloves, Boots, and Air-Supplied Hood Required At All Times Authorized Personnel Only |
3.
Appropriate signs and instructions shall be posted at the entrance to, and exit from, regulated areas, informing employees of the procedures that shall be followed in entering and leaving a regulated area.(b)
Container labeling. Containers shall be labeled in accordance with the requirements of 29 C.F.R. 1910.1200.(c)
Lettering.1.
Lettering on signs and instructions required by paragraph (a) of this subsection shall be a minimum letter height of two (2) inches.2.
Labels on containers required by paragraph (b) of this subsection shall:a.
Not be less than one-half (1/2) the size of the largest lettering on the package, up to a maximum required size of one (1) inch in height; andb.
Not use less than eight (8) point type.(d)
Prohibited statements. A statement shall not appear on or near any required sign, label, or instruction that contradicts or detracts from the effect of any required warning, information, or instruction.(e)
Training and indoctrination.1.
Each employee, prior to being authorized to enter a regulated area, shall receive a training and indoctrination program including:a.
The nature of the carcinogenic hazards of 4,4'-Methylene bis (2-chloroaniline), including local and systemic toxicity;b.
The specific nature of the operation involving 4,4'-Methylene bis (2-chloroaniline) that could result in exposure;c.
The purpose for and application of the medical surveillance program, including, as appropriate, methods of self-examination;d.
The purpose for and application of decontamination practices and procedures;e.
The purpose for and significance of emergency practices and procedures;f.
The employee's specific role in emergency procedures;g.
Specific information to aid the employee in recognition and evaluation of conditions and situations that could result in the release of 4,4'-Methylene bis (2-chloroaniline); andh.
The purpose for and application of specific first-aid procedures and practices.2.
Each employee shall receive a review of this section at the employee's first training and indoctrination program and annually thereafter.3.
Specific emergency procedures shall be established and posted, and employees shall be familiarized with their terms and rehearsed in their application.4.
All materials relating to the program shall be provided if requested by authorized representatives of the assistant secretary and the director.(5)
Reports.(a)
Operations. Not later than March 1 of each year, the information required by this paragraph shall be reported in writing by the employer to the nearest Area Director. Any change in the reported information shall be reported in writing within fifteen (15) calendar days of the change. The report shall contain:1.
A brief description and in-plant location of the areas regulated and the address of each regulated area;2.
The names and other identifying information as to the presence of 4,4'-Methylene bis (2-chloroaniline) in each regulated area;3.
The number of employees in each regulated area, during normal operations including maintenance activities; and4.
The manner in which 4,4'-Methylene bis (2-chloroaniline) is present in each regulated area, such as whether or not it is manufactured, processed, used, repackaged, released, stored, or otherwise handled.(b)
Incidents. Incidents that result in the release of 4,4'-Methylene bis (2-chloroaniline) into any area where employees may be exposed shall be reported in accordance with this paragraph.1.
A report of the incident and the facts obtainable at that time, including a report on any medical treatment of affected employees, shall be made within twenty-four (24) hours to the nearest Area Director.2.
A written report shall be filed with the nearest Area Director within fifteen (15) calendar days of the initial report and shall include:a.
A specification of the amount of material released, the amount of time involved, and an explanation of the procedure used in determining this figure;b.
A description of the area involved, and the extent of known and possible employee and area contamination;c.
A report of any medical treatment of affected employees and any medical surveillance program implemented; andd.
An analysis of the steps to be taken, with specific completion dates, to avoid further similar release.(6)
Medical surveillance. At no cost to the employee, a program of medical surveillance shall be established and implemented for employees considered for assignment to enter regulated areas, and for authorized employees.(a)
Examinations.1.
Before an employee is assigned to enter a regulated area, a preassignment physical examination by a physician shall be provided. The examination shall include the personal history of the employee, family, and occupational background, including genetic and environmental factors.2.
Authorized employees shall be provided with periodic physical examinations at least annually, following the preassignment examination.3.
In all physical examinations, the examining physician shall consider whether or not there exist conditions of increased risk, including reduced immunological competence, current treatment with steroids of cytotoxic agents, pregnancy, and cigarette smoking.(b)
Records.1.
Employers of employees examined pursuant to this subsection shall maintain complete and accurate records of all medical examinations. Records shall be maintained for at least the duration of the employee's employment. If the employee's employment is terminated, including by retirement or death, or if the employer ceases business without a successor, records, or notarized true copies thereof, shall be forwarded by registered mail to the director.2.
Records required by this paragraph shall be provided if requested by authorized representatives of the assistant secretary or the director. If requested by an employee or former employee, the records shall be provided to a physician designated by the employee or to a new employer.3.
Any physician who conducts a medical examination required by this subsection shall furnish to the employer a statement of the employee's suitability for employment in the specific exposure.Section 3.
Laboratory Activities. The requirements of this section shall apply to research and quality control activities involving the use of chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016.(1)
Mechanical pipetting aids shall be used for all pipetting procedures.(2)
Experiments, procedures, and equipment that could produce aerosols shall be confined to laboratory-type hoods or glove boxes.(3)
Surfaces on which chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 are handled shall be protected from contamination.(4)
Contaminated wastes and animal carcasses shall be collected in impervious containers that are closed and decontaminated prior to removal from the work area. The wastes and carcasses shall be incinerated so that carcinogenic products shall not be released.(5)
All other forms of chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 shall be inactivated prior to disposal.(6)
Laboratory vacuum systems shall be protected with high-efficiency scrubbers or with disposal absolute filters.(7)
Employees engaged in animal support activities shall be:(a)
Provided with and required to wear, a complete protective clothing change, clean each day, including coveralls, or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices;(b)
1.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal; and2.
The contents of the impervious containers shall be identified as required under Section 2(4)(b), (c), and (d) of this administrative regulation;(c)
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to point of exit, and before engaging in other activities; and(d)
Required to shower after the last exit of the day.(8)
Employees, except for those engaged only in animal support activities, each day shall be:(a)
Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat;(b)
1.
Required, prior to each exit from a regulated area, to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for decontamination or disposal; and2.
The contents of the impervious containers shall be identified as required under Section 2(4)(b), (c), and (d) of this administrative regulation; and(c)
Required to wash hands, forearms, face, and neck upon each exit from the regulated area close to point of exit, and before engaging in other activities.(9)
Air pressure in laboratory areas and animal rooms where chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 are handled and bioassay studies are performed shall be negative in relation to the pressure in surrounding areas. Exhaust air shall not be discharged to regulated areas, nonregulated areas, or the external environment unless it is decontaminated.(10)
There shall not be a connection between regulated areas and any other areas through the ventilation system.(11)
A current inventory of chemicals covered by 29 C.F.R. 1910.1003 through 1910.1016 shall be maintained.(12)
Ventilated apparatus such as laboratory-type hoods shall be tested at least semi-annually or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation.Section 4.
Access to Exposure or Medical Records.(1)
The language relating to the access to exposure or medical records in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.1020(e)(1)(i).(2)
If an employee or designated representative requests access to an exposure or medical record, the employer shall ensure that access is provided in a reasonable time, place, and manner, but not longer than fifteen (15) days after the request for access is made unless sufficient reason is given why that time is unreasonable or impractical.(3)
The language relating to the access to exposure or medical records in subsection (4) of this section shall apply in lieu of 29 C.F.R. 1910.1020(e)(1)(iii).(4)
If an employee or designated representative requests a copy of a record, the employer shall, except as specified in 29 C.F.R. 1910.1020(e)(1)(v) of this section, within the period of time established in subsection (2) of this section, ensure that either:(a)
A copy of the record shall be provided without cost to the employee or representative;(b)
The necessary mechanical copying facilities (for example, photocopying) shall be made available without cost to the employee or representative for copying the record; or(c)
The record shall be loaned to the employee or representative for a reasonable time to enable a copy to be made.Section 5.
(1)
The language relating to gloves in subsection (2) of this section shall apply in lieu of 29 C.F.R. 1910.1030(d)(3)(ix).(2)
Gloves shall be worn if it can be reasonably anticipated that the employees might have hand contact with blood, other potentially infectious materials, mucous membranes, and nonintact skin if performing vascular access procedures or if handling or touching contaminated items or surfaces.Section 6.
Except as established by Sections 1 through 5 of this administrative regulation, general industry shall comply with 29 C.F.R. Subpart Z, Toxic and Hazardous Substances, published by the Office of the Federal Register, National Archives and Records AdministrationJAMIE LINK, Secretary
APPROVED BY AGENCY: November 19, 2024
FILED WITH LRC: November 19, 2024 at 1:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held January 31, 2024, 10:00 a.m. EST via Zoom. Public access to the meeting is available at: https://us06web.zoom.us/j/86096997465?pwd=RauFkIhaJX7JIV39FZ0hz1cc63LD7k.1 or by telephone at (713) 353-0212, (888) 822-7517 toll free, conference code 194378. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through January 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Robin Maples, OSH Standards Specialist, Education and Labor Cabinet, Mayo-Underwood Building, 500 Mero Street, 3rd Floor, Frankfort, Kentucky 40601, phone (502) 564-4107, fax (502) 564-4769, email robin.maples@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Robin Maples
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Section 1 of this emergency administrative regulation defines terms not found in the federal standard. Section 2, effective since February 12, 1996, retains requirements for employees with occupational exposure to 4,4'-Methylenebis (2-Chloroaniline). Section 3, also effective since February 12, 1996, retains requirements associated with research and quality control laboratory activities involving the use of the chemicals covered by 29 C.F.R. 1910.1003-1016. Section 4, effective since July 17, 1997, retains requirements related to access to exposure or medical records. Section 5, effective since October 7, 1992, retains requirements involving glove use related to 29 C.F.R. 1910.1030. Section 6 adopts the requirements found in 29 C.F.R. 1910 Subpart Z, Toxic and hazardous substances and OSHA’s May 20, 2024 final rule that amended HCS to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals, addressed issues that arose during the implementation of the 2012 HCS update, and provided better alignment with other U.S. agencies and international trading partners while enhancing the effectiveness of the standard. OSHA determined the revisions in the final rule enhance HCS effectiveness by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed, thus reducing the incidence of chemical-related occupational illnesses and injuries. The modifications to the standard include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets, and related revisions to definitions of terms used in the standard. Section 6 also adopts OSHA’s October 9, 2024, final rule that corrects several primarily typographical errors in the May 20, 2024, final rule.
(b) The necessity of this administrative regulation:
This regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 338.051(3) requires the Kentucky Occupational Safety and Health Standards Board to promulgate OSH administrative regulations and authorizes the chairman to reference federal standards without board approval if necessary to meet federal time requirements. This emergency administrative regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation promotes worker safety and health throughout Kentucky and ensures the state requirement is as effective as the federal requirement. This emergency regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which require Kentucky OSH regulations to be as effective as the federal requirements. This regulation is equivalent.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
(b) The necessity of the amendment to this administrative regulation:
Kentucky operates a State Plan approved by OSHA that provides employee OSH protections. OSHA approves, monitors, and provides funding to Kentucky. It is necessary to promulgate this emergency regulation to meet the requirements established in Public Law 91-596 84 STAT. 1590, 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. The Education and Labor Cabinet must promulgate this emergency administrative to ensure the state is at least as effective as the federal requirement. This emergency administrative regulation ensures Kentucky’s compliance with the federal mandates, maintains Kentucky’s primacy, and retains federal funding.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 338.051(3) requires the Kentucky Occupational Safety and Health Standards Board to promulgate OSH administrative regulations and authorizes the chairman to reference federal standards without board approval if necessary to meet federal time requirements. This emergency administrative regulation is necessary to meet the requirements established in Public Law 91-596 84 STAT. 1590 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1), which all require the Kentucky OSH Program to be as effective as OSHA. This regulation complies and conforms with the authorizing statutes.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment maintains consistency with the federal requirements. This amendment promotes employee health and safety throughout Kentucky and keeps the state program consistent with the federal program.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This emergency administrative regulation affects all employers in the Commonwealth covered by KRS Chapter 338.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional compliance duties are imposed, and no immediate action is required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no additional cost to the OSH Program to implement this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This emergency administrative regulation promotes worker safety and health throughout Kentucky and ensures the state requirement is as effective as the federal requirement.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no cost to the OSH Program to implement this emergency administrative regulation.
(b) On a continuing basis:
There is no continuing cost to the OSH Program to implement this emergency administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Current state and federal funding.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is neither an increase in fees nor an increase in funding necessary to implement this emergency administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This emergency administrative regulation neither establishes any fees nor directly or indirectly increases any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied. All employers covered by KRS Chapter 338 are treated equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 338.051, KRS 338.061, Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1)
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
This emergency administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment does not impose any additional requirements or expenditures.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation affects any unit, part, or division of state or local government covered by KRS Chapter 338.
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment does not impose any additional requirements or expenditures.
(4) Identify additional regulated entities not listed in questions (2) or (3):
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
Nationwide, OSHA estimates the rule will affect 111,223 firms, 147,832 establishments, and 1,530,476 employees and, for each affected industry, will either provide cost savings or the costs would be less than one percent of revenues or ten percent of profits. Nationwide, the net cost savings of the final rule are expected to be $29.8 million per year.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
This amendment is not expected to have significant impact on expenditures, revenues, or cost savings in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
Nationwide, OSHA estimates the rule will affect 111,223 firms, 147,832 establishments, and 1,530,476 employees and, for each affected industry, will either provide cost savings or the costs would be less than one percent of revenues or ten percent of profits. Nationwide, the net cost savings of the final rule are expected to be $29.8 million per year.
(b) Methodology and resources used to determine the fiscal impact:
Federal Register, Volume 89, Number 63, V. Final Economic Analysis and Regulatory Flexibility Act Certification.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This emergency administrative regulation imposes no new direct cost burden on employers and does not require them to take any action to comply.
(b) The methodology and resources used to reach this conclusion:
Federal Register, Volume 89, Number 63, V. Final Economic Analysis and Regulatory Flexibility Act Certification.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1).
(2) State compliance standards.
The Kentucky OSH Program is mandated to be at least as effective as the federal requirement. Accordingly, in order to maintain the state program as effective as the federal program, Kentucky must adopt the federal requirement or develop an equivalent standard. This regulation is equivalent.
(3) Minimum or uniform standards contained in the federal mandate.
Public Law 91-596 84 STAT. 1590 Section 18 (OSH Act of 1970), 29 C.F.R. 1902.3(c)(1), 29 C.F.R. 1902.3(d)(1), 29 C.F.R. 1902.3(d)(2), 29 C.F.R. 1902.37(b)(3), 29 C.F.R. 1953.1(a), 29 C.F.R. 1953.1(b), 29 C.F.R. 1953.5(a)(1), 29 C.F.R. 1953.(a)(2), 29 C.F.R. 1956.2(a), and 29 C.F.R. 1956.10(d)(1).
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
Yes
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Section 1 of this administrative regulation defines terms not found in the federal standard. Section 2, effective since February 12, 1996, retains requirements related to 4,4'-Methylene bis (2-chloroaniline). Section 3, also effective since February 12, 1996, retains requirements associated with research and quality control laboratory activities involving the use of the chemicals covered by 29 C.F.R. 1910.1003-1016 that are more protective than OSHA. Section 4, effective since July 17, 1997, retains requirements related to access to exposure or medical records that are more protective than OSHA. Section 5, effective since October 7, 1992, retains requirements related to glove use as it applies to 29 C.F.R. 1910.1030 that are more protective than OSHA.