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May-June 2017

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18 PalletCentral • May-June 2017 palletcentral.com delayed the implementation dates on two new health standards: beryllium (applicable to very few workplaces) and crystalline silica (covering 2.3 million workers in a wide variety of construction, maritime and general industry sectors). It also voluntarily rescinded its former policy which allowed union representatives to serve as OSHA inspection "employee representatives" during walkaround activities at non- union operations. That policy had also been the subject of litigation. The crystalline silica rule's first effective date, June 23, 2017, has been delayed until September 23, 2017, and more delays are possible due to ongoing litigation over the standard, and a May 3, 2017, Petition to Reopen the standard filed by over two dozen industry-side construction organizations. While this standard would have limited impact on the pallet industry, it could apply to certain outdoor activities (e.g., work near very dusty roads, or during paving activities or concrete work), or any construction work within facilities that generates respirable crystalline silica. Another change to a recent rule occurred in a somewhat stealthy manner. Without any notice in the Federal Register, OSHA published on its e- Recordkeeping page a notation that the July 1, 2017, deadline for electronic submission of injury/illness data is delayed, and a new effective date will be announced in the future. For now, you still need to log all injuries and illnesses that meet the criteria in 29 CFR Part 1904, and will need to complete the year end 300A log and post it between February 1 and April 30, 2018, but you will not have to submit this data electronically to OSHA. OSHA has not yet put up its data submission platform for employer review, although reports are that it is ready and the agency has withheld it, pending approval from a new OSHA chief. The final rule, which is currently in litigation brought by industry groups, requires all establishments with 250 or more workers, and specified high hazard industries with 20-249 employees (including all pallet and warehousing/transport operations with worksites of at least 20 employees or temporary SAFETY OSHA has already made a number of changes that are likely to be viewed favorably by the new Administration.

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