In 1971, the Federal Occupational Safety and Health Administration (OSHA) promulgated approximately 425 permissible exposure limits (PELs) for air contaminants. Thereafter, in 1989 OSHA revised the air contaminants standard (29 CFR 1910.1000) for 428 toxic substances. This revised standard lowered the PELs for 212 substances, set new PELs for 164 previously unregulated substances, and left unchanged PELs for 52 substances. At that time, the NC Department of Labor adopted the new PELs verbatim pursuant to NC Gen. Stat. § 95-131(a). However, a legal challenge by representatives of both labor and industry resulted in a decision by the U.S. Court of Appeals – 11thCircuit that vacated the revised PELs because OSHA did not sufficiently explain or support its threshold determination that exposure to these substances at previous levels posed a significant risk of these material health impairments or that the new standard eliminated or reduced that risk to the extent feasible. See AFL-CIO v. OSHA, 965 F.2d 962 (1992). As a result, OSHA reverted back to the original PELs that were promulgated in 1971. Due to a recent interpretation of the AFL-CIO decision, the NC Department of Labor is proposing to repeal the lower PELs contained in 13 NCAC 07F .0106, and revert to the PELs contained in 29 CFR 1910.1000.
Procedure by which a person can object to the agency on a proposed rule: Objections to the proposed rules may be submitted, in writing, to Erin T. Gould, Assistant Rulemaking Coordinator, via United States mail at the following address: 1101 Mail Service Center, Raleigh, North Carolina 27699-1101; or via facsimile at (919) 733-4235. Objections may also be submitted during the public hearings conducted on these rules, which are noticed above. Objections shall include the specific rule citation(s) for the objectionable rule(s), the nature of the objection(s), and the complete name(s) and contact information for the individual(s) submitting the objection. Objections must be received by 5:00 p.m. on March 16, 2009.
Comments may be submitted to: Erin T. Gould, 1101 Mail Service Center, Raleigh, NC 27699-1101, phone (919)733-7885, fax (919)733-4235, email erin.gould@labor.nc.gov
Comment period ends: March 16, 2009
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
