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PalletCentral • January-February 2023 33 • Lock Out/Tag Out Update. A NPRM is slated to be published in July 2023. is is an update to allow more types of computerized or laser controls to be utilized – essentially, to bring the OSHA rule more in alignment with current ANSI guarding and LOTO standards. is will impact both the design/manufacture of pallet- related equipment, but may have either retroactive impact (requiring retrofit) or grandfathering (more likely) of existing guarding and LOTO design on older equipment currently in use. • PPE in Construction. NPRM to be published in early 2023 (actually overdue from December 2022). While the scope of this is currently limited, it arises from recognition that women workers and some small statured minority male workers often are not provided with appropriately fitting Personal Protective Equipment (PPE) and this has resulted in some fatalities and injuries. is new requirement – that equipment fit the worker – could be expanded to cover all workers including general industry, depending upon the comments received by OSHA. • Powered Industrial Truck Design. e NPRM was published in February 2022, and NWPCA submitted comments. e rule would update the currently adopted ANSI standard from 1969 and replace it by incorporating more current (2019/2020/2021) ANSI standards for forklifts and other powered industrial trucks. e rule stated an intention to apply the changes to manufacturer design specifications, but the rules proposed for adoption total over 200 pages of ANSI text and address issues such as training and equipment maintenance. Currently, OSHA is reviewing but no date is listed for a NPRM. • Walking Working Surfaces Amendments. e NPRM for the general industry fall protection rule plans to re-open the rulemaking record in May 2023, but this is largely a technical correction. • Worker Walkaround Representative Designation. is is a new item on the agenda, to "clarify" that the designated representative does not need to be an employee if the representative is so designated by workers. e NPRM is due in May 2023. Final Rules: Of the eight final rules which the Regulatory Agenda anticipates will be issued in 2023, four are rules which spell out procedures for Whistleblower and Anti-Retaliation investigations which OSHA conducts under a variety of statutes. OSHA also released a revised Whistleblower Investigations Handbook (for inspectors to use as investigative procedures) and it adopted over a dozen new policies that had not been included in the prior addition. e 168-page handbook covers OSHA's powers to investigate not only OSHA-related retaliation claims, and OSHA's current views on post- accident drug testing, but also how it will manage investigations arising under protections for DOT- regulated commercial drivers and rail workers, and whistleblower claims arising under environmental statutes. e 2022 manual can be found at https:// www.osha.gov/sites/default/files/enforcement/ directives/CPL_02-03-011.pdf. In addition, OSHA plans to issue final rules on the following within the next 12 months: • Hazard Communication update, to be issued in March 2023. While primarily impacting chemical manufacturers, it will also have an CAPITOL HILL iStock/Tinatin1

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