Minnesota OSHA rulemaking
MNOSHA adopts occupational exposure to COVID-19 Emergency Temporary Standard
On June 21, 2021, federal OSHA published an Emergency Temporary Standard (ETS) (www.osha.gov/coronavirus/ets) in the Federal Register. Federal OSHA has issued an ETS to protect health care workers and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present.
On July 19, 2021, Minnesota OSHA adopted the ETS by reference. The ETS was effective in Minnesota as of the date of publication in the State Register, July 19, 2021.
During the period of the emergency standard, covered health care employers must develop and implement a COVID-19 plan to identify and control COVID-19 hazards in the workplace. Covered employers must also implement other requirements to reduce transmission of COVID-19 in their workplaces, related to the following: patient screening and management; standard and transmission-based precautions; personal protective equipment (PPE), including facemasks or respirators; controls for aerosol-generating procedures; physical distancing of at least six feet when feasible; physical barriers; cleaning and disinfection; ventilation; health screening and medical management; training; anti-retaliation; recordkeeping; and reporting.
The standard encourages vaccination by requiring employers to provide reasonable time and paid leave for employee vaccinations and any side effects. It also encourages use of respirators, where respirators are used in lieu of required facemasks, by including a mini respiratory protection program that applies to such use.
Finally, the standard exempts from coverage certain workplaces where all employees are fully vaccinated and individuals with possible COVID-19 are prohibited from entry; and it exempts from some of the requirements of the standard fully vaccinated employees in well-defined areas where there is no reasonable expectation that individuals with COVID-19 will be present.
MNOSHA adopts four federal regulations
On Feb. 1, 2021, Minnesota OSHA (MNOSHA) adopted the following federal regulations as published in the State Register on Dec. 7, 2020.
1. Revising the beryllium standard for general industry
On July 3, 2018, federal OSHA published a direct final rule in the Federal Register, amending its existing beryllium standard in general industry by adopting several clarifying amendments to address the application of the standard to materials containing trace amounts of beryllium.
2. Revising the beryllium standard for general industry
On July 14, 2020, federal OSHA published a final rule in the Federal Register, amending its existing general industry standard for occupational exposure to beryllium and beryllium compounds to clarify certain provisions and simplify or improve compliance. The revisions in this final rule are designed to maintain or enhance worker protections overall by ensuring that the rule is well understood and compliance is more straightforward.
3. Occupational exposure to beryllium and beryllium compounds in construction and shipyard sectors
On Aug. 31, 2020, federal OSHA published a final rule in the Federal Register that amends its existing construction and shipyard standards for occupational exposure to beryllium and beryllium compounds to clarify certain provisions and simplify or improve compliance. These changes are designed to accomplish three goals: to more appropriately tailor the requirements of the construction and shipyards standards to the particular exposures in these industries in light of partial overlap between the beryllium standards' requirements and other OSHA standards; to aid compliance and enforcement across the beryllium standards by avoiding inconsistency, where appropriate, between the shipyards and construction standards and recent revisions to the general industry standard; and to clarify certain requirements with respect to materials containing only trace amounts of beryllium. This final rule does not affect the general industry beryllium standard.
4. Cranes and derricks in construction: Railroad roadway work
On Sept. 15, 2020, federal OSHA published a final rule in the Federal Register that amends its "Cranes and derricks in construction" standard. Federal OSHA is revising the standard for cranes and derricks in construction to provide specific exemptions and clarifications with regard to the application of the standard to cranes and derricks used for railroad roadway work. These exemptions and clarifications recognize the unique equipment and circumstances in railroad roadway work and reflect the pre-emption of some OSHA requirements by regulations promulgated by the Federal Railroad Administration. The revised standard provides a clearer understanding of which regulatory requirements are applicable, resulting in a more effective regulatory program and, ultimately, improved safety.
MNOSHA adopts two federal regulations
On July 6, 2020, Minnesota OSHA adopted two federal regulations, as published in the State Register on Monday, March 16, 2020.
Occupational exposure to beryllium; final rule
Additional ambient aerosol CNC quantitative fit testing protocols: Respiratory protection standard
MNOSHA adopts update to Minnesota Rules 5208.1500, Standard Industrial Classification list for AWAIR
On Feb. 3, 2020, Minnesota OSHA adopted Minnesota Rules 5208.1500, Standard Industrial Classification list for AWAIR, as published in the Minnesota State Register on Dec. 16, 2019.
MNOSHA adopt federal regulations
On Nov. 4, 2019, Minnesota OSHA adopted the following federal regulations, as published in the Minnesota State Register on Sept. 3, 2019.
Standards Improvement Project – Phase IV; final rule
Cranes and Derricks in Construction; Operator Qualification; final rule
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