A new proposed rule from OSHA would revise regulations related to employees’ ability to select a representative to accompany compliance safety and health officers during workplace inspections. According to the Federal Register notice that outlines the proposal, the Occupational Safety and Health Act “grants a representative of the employer and a representative authorized by employees the opportunity to accompany OSHA during the physical inspection of the workplace for the purpose of aiding the inspection.” OSHA’s proposed changes were prompted by the decision of a district court, which concluded that the agency’s longstanding interpretation of one of the OSH Act’s implementing regulations—that the act permits third-party representatives authorized by employees to join compliance officers during inspections—was not consistent with the regulation. OSHA’s proposed revisions seek to clarify two aspects of the relevant regulation, 29 CFR 1903.8(c). First, the proposal clarifies that employees may authorize a representative who is an employee of the employer or a nonemployee third party to accompany OSHA compliance officers on walkaround inspections. Second, the agency’s proposed changes make clear that third-party representatives authorized by employees “may be reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace by virtue of their knowledge, skills, or experience.” For example, these representatives may have experience with particular hazards or workplace conditions, or they may possess language skills that would help facilitate communication between workers and compliance officers. The second proposed revision also addresses the current regulatory text’s reference to industrial hygienists and safety engineers as examples of employees’ options for third-party representation. OSHA’s proposed changes explain that employees are not limited to selecting representatives with skills and knowledge in industrial hygiene or safety. As explained in the Federal Register, third parties who might serve as employees’ authorized representatives include consultants, attorneys, and individuals from unions, worker advocacy groups, or labor organizations. “OSHA proposes to delete the examples of industrial hygienists and safety engineers … so that the focus is properly on the knowledge, skills, or experience of the individual rather than their professional discipline,” the Federal Register notice states. “This proposed deletion does not signal that an industrial hygienist or safety engineer cannot be a representative authorized by employees.” Compliance officers would retain the authority to prevent individuals from participating in inspections “if their conduct interferes with a fair and orderly inspection,” OSHA stresses in a press release. The proposed revisions would also not affect the right of employers to limit entry of employee-authorized representatives into workplace areas containing trade secrets. “This proposal aims to make inspections more effective and ultimately make workplaces safer by increasing opportunities for employees to be represented in the inspection process,” said Doug Parker, assistant secretary for occupational safety and health. The deadline for OSHA to receive comments on the proposed rule was Oct. 30. As this issue of The Synergist went to press, at least one organization, the Coalition for Workplace Safety, had requested more time to consider the proposal. To learn more, refer to OSHA’s press release and the Federal Register notice. Submitted comments and other materials associated with the proposed rule are available from the rulemaking docket.

A new online guide for preventing occupational hearing loss is available from NIOSH. Intended for use by employers and safety professionals, the guide follows the structure of a NIOSH hearing loss prevention program and contains separate sections that explain how to measure noise exposure, summarize ways to eliminate or reduce noise, provide examples of engineering and administrative controls, outline considerations for choosing hearing protection, and describe practices for recordkeeping. Recommendations in the guide for engineering controls to lower noise levels include reducing the speed of moving parts, eliminating restricted flow in pipes and ducts, isolating vibration in machinery, reducing vibrating parts and surfaces, using connectors that limit the transfer of vibrations to surfaces, keeping noisy machinery away from walls and surfaces that reflect sound, adding sound absorption materials, building enclosures around equipment, and installing barriers that block high frequency noise. Access the guide on the NIOSH website.

The new Heat-Related Illness EMS Activation Surveillance Dashboard, known as EMS HeatTracker, will track emergency medical services (EMS) responses to heat-related illnesses across the United States. The online information portal is intended to help public health officials and other decision-makers prioritize interventions for communities most affected by extreme heat, according to a press release issued by the U.S. Department of Health and Human Services. The dashboard will include data from the National EMS Information System and will focus on EMS responses resulting from 911 calls for heat-related illnesses and injuries in the pre-hospital setting. EMS HeatTracker will be updated weekly on Mondays, and the information displayed will have a two-week lag behind real time. Users will be able to compare county- and jurisdiction-level information to national averages in categories such as the population rate of heat-related EMS activations within a community and the percentage of patients who were transported to a medical facility for further treatment. But the dashboard will only track the number of heat-related EMS responses and deaths for patients who were alive when EMS officials arrived on scene. According to HHS, EMS HeatTracker “will continue to evolve” as more data become available. The dashboard can be viewed via the National EMS Information System website. Further information is available in the HHS press release.