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Major Changes to 29 CFR 1910 General Industry & 29 CFR 1926 Construction in 2021

Published hard copies of CFR (Code of Federal Regulation) are useful to have in the field or on the floor. They work well as a quick reference to identify and cite potential OSHA violations or as a guide to spot areas where worker protections could be improved while crafting updated safety plans and avoiding costly fines.

A published CFR is only as useful as its contents remain relevant. Edits are made to the codification of rules in the Federal Register frequently. Some of the changes are small—clarifications, small tweaks to tables, editing for conciseness—but ultimately do not modify the rule in a significant way.

However, critical updates and major changes to rules do occur with relative frequency. If your print copy of 29 CFR 1910 or 20 CFR 1926 hasn’t been updated in a while, you may be missing crucial information.

We know that comparing everything that has changed can be a challenge. That’s why we’re here to make checking this round of CFR updates simple. This guide will cover and summarize only major changes from January 1, 2018, to December 31, 2020.

Changes to 29 CFR 1910 Occupational Health and Safety Standards for General Industry in 2018 – 2020

§1910.134 Respiratory protection

Several key changes were made to the Respiratory Protection Standard that applies not only to general industry but also shipyards, marine terminals, long shoring, and construction. These changes add new sections C.4 and C.5, as well as Appendix A on Fit Testing Procedures.

2021 additions to 29 CFR 1910.134 Respiratory Protection Standard include:

  • Updates to fit test exercises. Now, it is required for employers to perform fit tests for all methods listed in the appendix, except for the two modified ambient aerosol CNC quantitative fit testing protocol, CNP quantitative fit testing protocol and the CNP redon quantitative fit testing protocol. In regards to the two modified ambient aerosol CNC quantitative fit testing, they have their own exercises listed in Part I.C(4)b, Part I.C.5(b), or Part I.C.(6) for full or half-mask elastomeric respirators or for filtering facepiece respirators.
  • A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing Protocols for Full-Facepiece and Half-Mask Elastomeric Respirators is now included in Table A-1.
  •  A full protocol for Modified Ambient Aerosol CNC Quantitative Fit Testing has been added to Table A-2.

§1910.1024 Beryllium

The beryllium standard for general industry was updated to better align the regulations with industry needs and the rules outlined in other beryllium standards like 1926.1124. The most recent updates are effective as of September 14, 2020.

Recent additions to 29 CFR 1910.1024 Beryllium Standard include:

  • Defines beryllium sensitization, an immune response found in people who have been exposed to airborne beryllium that can lead to CBD (chronic beryllium disease).
  • Updates the method of compliance to state more broadly “exposure” instead of “airborne exposure or dermal contact.”
  • Personal protective equipment must now be removed once the worker has completed their beryllium-related task, not at the end of their shift.
  • If employees have skin exposed to beryllium, they must wash the exposed skin at designated times.
  • Personal protective equipment must have beryllium cleaned off as much as possible before entering or using an area where workers will be eating or drinking

Changes to 29 CFR 1926 General Industry in 2018 – 2020

§1926.1427 Cranes and Derricks in Construction Operator Qualifications

This major change was released in two parts with the qualifications and certifications going into effect December 10, 2018, and amendments (a) and (f) on evaluation and documentation requirements went into effect on February 7, 2019.

Updates for 2021 to 29 CFR 1926.1427 Cranes and Derricks in Construction Operator Qualifications Standard include:

  • Crane certification is no longer by capacity, instead, it must be by type as defined by the accredited certifying organization.
  • Employers must have all operators certified under new rules by December 10, 2018, at the employers’ expense.
  • Certified operators must then be qualified on the equipment they use in their workplace, otherwise, they are considered an operator-in-training and cannot work without direct supervision from a qualified trainer.
  • A qualified person must be either an employee or an agent of the employer with the knowledge and experience necessary to direct in-training operators.
  • A qualified person must be in the field of vision and watch the operator-in-training closely.
  • Evaluations are conducted to ensure the operator can perform work safely on their assigned equipment.
  • Evaluations are conducted to ensure the operator has mastered all necessary knowledge, skills, and abilities to avert risks and safely perform work duties using their assigned equipment.

§1926.1124 Beryllium in Construction and Shipyards

The most recent changes to the rules for Beryllium in Construction went into effect on 9/30/2020, however, the standard has been updated several times since 2018, mostly for clarity and to better align with adjacent rules in 29 CFR 1910 General Industry.

Leading up to these rule changes, in 2017 OSHA published a rule about occupational exposure to beryllium and its compounds in the Federal Register that conclude it posed a significant risk to the health of workers with the potential to lead to lung disease or cancer when exposures went beyond permissible exposure limits (PELs). Contact with this material happens often in shipyards and during welding. The new rules set out to fit the needs of construction and shipyard workers specifically and align their standards to the general industry standards, as well as provide clarification.

Modifications to the 29 CFR 1926.1124 Beryllium in Construction and Shipyards Standard include:

  • Specified definition of Beryllium sensitization, which is an immune response in people exposed to beryllium. While it is often symptomless it is the first step to developing CBD (chronic beryllium disease).
  • Pulmonologists in CBD medical diagnostic centers are no longer required to be on-site, but simply on staff.
  • The written exposure control plan for beryllium now must contain a list of operations and job titles who are expected to work with beryllium, engineering controls, means of protection from exposure, a list of PPE (personal protective equipment) used, as well as procedures for restricting access during work exposures, procedures to contain exposure and procedures for cleanup.
  • Engineering rules have been simplified to state that engineers must be used by employers to reduce and maintain beryllium exposure below the TWA PEL and STEL unless provably unfeasible.
  • In-writing notification of airborne exposure of beryllium to housekeeping staff is no longer required. Instead, in any operation that could result in airborne dust, the workers must be provided with personal protective equipment if it will result in airborne exposure above TWA PEL or STEL levels.
  • When beryllium is disposed of or transported to another entity, written warnings are no longer required.
  • Physician evaluations at CBD diagnostic centers must include tests for pulmonary function, bronchoalveolar lavage (BAL), and transbronchial biopsy if deemed necessary.
  • Warning labels on containers contaminated with beryllium are no longer required.
  • Employees now are only required to be trained in beryllium safety if they are reasonably thought to have airborne exposure—skin exposure is now excluded.

§1926.1400 Scope

This standard was updated with the new paragraph (18) which clarifies that flash-butt welding trucks that are not equipped with hoisting devices are defined as roadway maintenance machines and are used for railroad track work, as defined in 49 CFR 214.7.

Benefits and features of CFR books

Government agencies like OSHA must remain nimble to continue to improve processes that protect workers’ health and safety while balancing the needs of employers. So, when it comes to construction and general industry, the Code of Federal Regulations are known to change frequently.

Published CFR books from National Safety Compliance can help you stay informed on industry changes, within your work floor, construction site, or office and keeping your employees safe. These current publications are also an excellent guide for developing or updating your facility’s safety plan.

Our publications are released often and are designed to be user-friendly, with additional features to help you answer questions quickly and effectively.

Annual Updates and Corrections

Every change made to the CFR in the past few years is included in the front of the book, even if it is a minor grammatical change. This will help you quickly identify any standards that may need a refresher, retraining, or trigger a safety plan update.

Most Frequently Cited Standards

Our CFR books contain the most frequently cited standards from OSHA from the previous year. This can help you see where your industry peers may have gaps in their safety plans and check the standards against your facility’s practices.

This information is found prior to the start of each subpart.

Letters of Interpretation

Letters of Interpretation are an excellent resource that you may not normally be aware of. These letters are responses from OSHA to public questions about important topics like terminology, interpretation, and enforcement of particular laws. If there are Letters of Interpretation available to help clarify a standard, we include an icon in our book so you know to look it up on osha.gov

Additional Parts of Title 29 & General Duty

We include additional parts of Title 29 outside of 1910 and 1926 that are relevant to our users, such as Inspections, Citations, and Proposed Penalties from 29 CFR 1903 and CFR 1904 Recording and Reporting Occupational Injuries and Illnesses.

Also included for quick reference is the General Duty clause, which is OSHA’s catch-all for hazardous or dangerous situations in a workplace. If there isn’t a specific standard the violation falls under, it goes under General Duty.

The 2021 Edition of 29 CFR 1910 General Industry and 29 CFR 1926 Construction books from National Safety Compliance are available in print or digital PDF formats. To ensure your facility is always in compliance, protect your workers, and avoid costly fines, make sure safety management, supervisors, and human resources directors have easy access to the right training, materials, and resources to protect your workers and business.

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New Year – New Labor Laws

Recently, we wrote about the most current minimum wage changes that took place this year. As of January 13, there have been 26 minimum wage changes across the U.S. Today, we will discuss some of the newest labor law changes that could affect your business. With these changes come changes to the required postings. To see a list of all the changes on a state-by-state basis visit Most Recent Labor Law Changes. In this article we will discuss just a few of the updates. You can sign-up to receive email updates regarding labor law changes and the accompanying required posting(s) on our Labor Law Poster Update Notifications page. Click on your state and enter your email address just above the subscribe button.

Many people have inquired about the Federal Families First Coronavirus Response Act that required certain employers to provide their employees with paid sick leave and expanded family and medical leave for specific reasons related to COVID-19. That posting was effective only thru December 31, 2021.  As of this writing, there has not been an extension to that law. (https://www.dol.gov/agencies/whd). Stay connected and we will keep you up to date of any new changes that may take affect.

Here is a summary of just a few of the state changes:

California: Senate Bill 1383 (Family Care & Medical Leave & Pregnancy Disability Leave; Your Rights and Obligations as a Pregnant Employee, Workplace Discrimination, Notice to Employees Paid Family Leave) (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1383)

Effective January 1, 2021, this bill expands the California Family Rights Act to include employers with 5 or more employees. It also expands the list of reasons for taking family or medical leave and includes taking leave to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. It requires an employer who employs both parents of a child to grant leave to each employee and make it an unlawful employment practice for any employer to refuse to grant a request by an employee to take up to 12 work-weeks of unpaid protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.

Colorado: Healthy Families & Workplace Act (Colorado Workplace Public Health Rights Poster: Paid Leave, Whistleblowing & Protective Equipment)

Effective January 1, 2021, Colorado employers with more than 16 employees must provide one hour of paid sick leave for every 30 hours of work, up to a minimum of 48 hours. On the same posting, the Public Health Emergency Whistleblower Law (PHEW) details workers right to oppose Workplace Health/Safety violations during public health emergencies and gives workers’ rights to use their own Personal Protective Equipment. 

Florida: Human Trafficking Bill, Chapter 2019-152, Laws of Florida (Human Trafficking posting)

Healthcare professionals licensed by the following Boards: Acupuncture, Medicine, Osteopathic Medicine, Chiropractic Medicine, Podiatric Medicine, Optometry, Pharmacy, Dentistry, Nursing Home Administration, Occupational Therapy, Dietetics and Nutrition, Respiratory Care, Massage Therapy, and Physical Therapy must complete one hour of continuing education (CE) on human trafficking and post a sign about human trafficking in their office by January 1, 2021.

Maine: Earned Paid Employee Leave Law (Regulation of Employment)

An employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee’s base pay. An employee is entitled to earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment. Accrual of leave begins at the start of employment, but the employer is not required to permit use of the leave before the employee has been employed by that employer for 120 days during a one-year period.

Massachusetts: Paid Family and Medical Leave (Notice of Benefits)

On January 1, 2021, the Massachusetts Paid Family and Medical Leave Act (PFML) will begin providing benefits to eligible workers for qualifying reasons. Covered individuals may be entitled to up to 20 weeks of paid medical leave in a benefit year if they have a serious health condition that incapacitates them from work. They may be entitled to up to 12 weeks of paid family leave in a benefit year related to the birth, adoption, or foster care placement of a child, or because of a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the Armed Forces. Covered individuals may be entitled to up to 26 weeks of paid family leave in a benefit year to care for a family member who is a covered service member with a serious health condition.

Oregon: OAR 437-001-0744 (Oregon OSHA’s COVID-19 Temporary Standard for All Workplaces)

Oregon has released a Temporary COVID-19 Rule for all workplaces that is effective through May 4, 2021 unless it is revised or repealed before that date. The requirements include physical distancing, facial coverings, , workplace risk assessments and other pertinent information regarding notifying your employer and your right to notify your employer or Oregon OSHA about workplace hazards.

These are just a few of the state changes. State labor laws change throughout the year and no two states have the same requirements. It is important and (required by law) that employees are made aware of these various laws, bills, and acts. Employers must post the postings in their place of business where everyone has access to them and if there are remote workers, making them accessible to view online or by email. Labor law and the required workplace notices is an important issue and should not be ignored by any business.