Issue link: http://palletcentral.uberflip.com/i/1194984
palletcentral.com PalletCentral • November-December 2019 25 is an attorney who has practiced in the areas of employment and administrative law for many years, representing large businesses and trade associations in several important litigation matters. Scalia's most famous OSHA case was (unsuccessfully) defending Sea World in a General Duty Clause case arising from the death of a trainer killed by a whale. It is likely that he may look for ways to weaken enforcement under the GDC (Section 5(a)(1)( of the OSH Act), which is used as a "gap filler" where OSHA has not adopted specific standards to address occupational safety or health hazards. On November 20, 2019, the Administration released its Fall Regulatory Agenda, which suggests a path OSHA is to follow between now and the end of the first term. One key item relates to updating of OSHA's powered industrial truck standard (PITS), which applies to equipment such as forklifts. OSHA issued its Request for Information (RFI) in March 2019, and is now in the process of reviewing comments to determine if changes need to be made to the requirements for use, maintenance, training and operation of PITS. OSHA also plans to issue a separate proposal to update the consensus standards (ANSI B56.1 standard) incorporated into its rules for the design and construction of PITS. The current standard covers 11 types of trucks but there are now 19 types in commercial use. The changes will affect Low Lift and High Lift trucks, and is a continuation of OSHA's effort to update consensus standard references. The Notice of Proposed Rulemaking for this change is due in January 2020. An item related to lock-out/tag-out (LOTO) controls is poised for further action in 2020 as well. The OSHA RFI closed in late 2019, but additional stakeholder public meetings may be scheduled in the coming year. Recent technological advances using computer-based controls of hazardous energy (mechanical, electrical, pneumatic, chemical etc.) conflict with the limiting provisions of OSHA's current LOTO rule, but such computerized controls are more prevalent in newer equipment. Moreover, national consensus standards have legitimized the use of this approach for control of hazardous energy. OSHA's RFI examines the strengths and limitations of this technology, as well as potential hazards to workers arising from computerization and automation. If the LOTO standard is changed, this would provide greater flexibility to employers in terms of designing LOTO programs but could also prompt changes in terms of bandsaw guarding and controls on other equipment. Another rulemaking would affect welding personnel and others exposed to lead in the workplace. Recent medical findings suggest that blood lead levels (BLLs) in adults can result in adverse health effects at levels lower than previously thought, and OSHA Operators in an industry covered by one of the national, regional or local emphasis programs have an increased likelihood of seeing an OSHA inspection at their sites. iStockphoto.com/diego_cervo