Honorable Greg Watchman
Acting Assistant Secretary
for Occupational Safety and Health
Department of Labor
200 Constitutional Avenue, NW
Washington, DC 20210
Dear Mr. Watchman:
As you are aware, the Occupational Safety and Health Administration (OSHA) has requested that the Office of Advocacy waive the Small Business Advocacy Review Panel process for OSHA's construction standard developed by the Steel Erection Negotiated Rulemaking Advisory Committee (SENRAC). In order to grant a waiver, the Small Business Regulatory Enforcement Fairness Act of 1996 requires Advocacy to demonstrate that a review panel would not advance the effective participation of small entities.
One issue which has been raised is the potential impact of the steel erection standard on small steel fabricators. Specifically, in an August 4, 1997 letter to the Office of Advocacy from the American Institute of Steel Construction, Inc. (AISC), the trade association requested that the Office of Advocacy not waive the panel process for the negotiated rule. The fabricators were concerned about the potential impact of the agency's requirement to certify the primers used to paint structural steel on small fabricators. According to AISC, the SENRAC had originally recommended to exempt bare and primed steel from this requirement because bare and primed steel is generally considered safe to walk on and work on, even when wet. Advocacy shared this letter with Marthe Kent in OSHA's Office of Policy. On September 29, 1997, Advocacy received a second letter (see attachment) from the AISC. The letter indicates that OSHA has agreed to revise the rule and eliminate the certification provision for structural steel beams and columns which have been coated with primer paint.
Please confirm OSHA's agreement with the AISC to minimize the potential impact of this rule on the steel fabrication sector. Your confirmation will assist with Advocacy's review of OSHA's waiver request.
If you have any questions please contact me or Sarah Rice of my staff at (202) 205-6532.
Sincerely,
Jere W. Glover
Chief Counsel for Advocacy
Enclosure