Regulatory

The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced in the Federal Register (25 August 2011) that it is considering whether changes are needed to the regulations governing the safety of gas transmission pipelines. In particular, PHMSA is considering whether integrity management (IM) requirements should be changed, including adding more prescriptive language in some areas, and whether other issues related to system integrity should be addressed by strengthening or expanding non-IM requirements.

On August 23, the U.S. Department of Labor announced enhancements to its online enforcement database designed to improve public access to and understanding of the department's enforcement actions. The updated website includes a number of new features, including map displays of inspection and violation data from the dOccupational Safety and Health Administration and Mine Safety and Health Administration, as well as the ability to view individual inspection records and the enforcement history of a particular company or mine.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking in the 12 August 2011 Federal Register.  PHMSA in coordination with the Nuclear Regulatory Commission (NRC), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication ‘‘Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No.

In the 12 August 2011 Federal Register, the Federal Railroad Administration (FRA)  amended its hours of service recordkeeping regulations, to add substantive hours of service regulations, including maximum on-duty periods, minimum off-duty periods, and other limitations, for train employees (e.g., locomotive engineers and conductors) providing commuter and intercity rail passenger transportation.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the July 20, 2011 Federal Register that amends the Hazardous Materials Regulations.  The final rule makes miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to: promote safer transportation practices; eliminate unnecessary regulatory requirements; finalize outstanding petitions for rulemaking; facilitate international commerce; and simplify the regulations.

In a July 8, 2011 Federal Register notice of proposed rulemaking, the Federal Motor Carrier Safety Administration (FMCSA) proposed to amend the physical qualifications for drivers and the instructions for the medical examination report to clarify that drivers may not use Schedule I drugs and be qualified to drive commercial motor vehicles under any circumstances. The proposal also harmonizes FMCSA’s provisions regarding pre-employment and return-to-duty test refusals with corresponding Department of Transportation (DOT) - wide provisions.

In the June 22, 2011 Federal Register, OSHA  published a proposal to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulations. Appendix A contains a list of industries that are partially exempt from maintaining records of occupational injuries and illnesses, generally due to their relatively low rates of occupational injury and illness.  The current list of industries is based on the Standard Industrial Classification (SIC) system.

A final rule that, according to OSHA, streamlines standards while reducing employer burdens, was published in the June 8, 2011 Federal Register. The rule stems from President Obama’s Jan. 18 Executive Order, “Improving Regulation and Regulatory Review.”