June 8, 2007
OSHA Docket Office,
Docket No. OSHA-2007-0032,
U.S. Department of Labor, Room N-2625,
200 Constitution Avenue, NW.,
Washington, DC 20210
Re: Docket No. OSHA-2007-0032
OSHA recently issued a proposal to revise the 36-year-old standard on explosives and blasting agents. The goal of the proposed changes is to enhance the protections provided employees in the manufacturing, storage, sale, transportation, handling, and use of explosives, blasting agents, and pyrotechnics.
The Salt Institute, in general, supports the proposed updates, which revises the standard in order to be more consistent with other federal rules and provides greater flexibility to the regulated community.
However, we do have a broader concern regarding all the regulations which govern the functional management of explosives and hazardous materials.
All industries that produce, use or distribute explosives or hazardous materials of any sort have had a constant concern with sabotage and terrorism. This is understandable because, by their very nature, hazardous materials have the potential to cause great harm if placed in the wrong hands. Sensitivity to this issue was heightened dramatically following the terrorist attacks of September 11, 2001.
In addition to the priority concern of businesses to protect the health and safety of their workers, the very real need to prevent explosives and hazardous materials from falling into the wrong hands has also become a top priority. It is therefore very important that any and all regulations regarding these materials be as clear and unequivocal as possible.
As highlighted in the proposed changes to the current standard on explosives, there are a considerable number of overlapping agency authorities regarding the proper management of explosives and other hazardous materials. Among the agencies involved in regulating explosives and toxic materials are OSHA, MSHA, DOT, ATF and DHS. It would seem that having this critical class of products concurrently regulated by so many different agencies makes it difficult for businesses have a clear understanding if they are in full compliance with all of the different and potentially competing requirements.
Because of the inherent risks these materials present and their considerably augmented risk should they fall into the wrong hands, the Salt Institute believes that an additional effort should be made with reference to the explosives and hazardous materials standard. We believe that it would be of great benefit to promulgate one single, harmonized standard, jointly endorsed by all agencies that will ensure operators that they are in full compliance with all government requirements. Having a single harmonized standard will reduce confusion and allow operators to implement the regulation confident that they are meeting all requirements. As a corollary to this, of course, it would be necessary to consider whether it would be appropriate to centralize enforcement of the harmonized standard.
No doubt, the preparation of a single standard will require an extraordinary effort in coordination, but the benefits in terms of worker safety and public security would be worth such an endeavor. Furthermore, bringing the organizations that represent the companies that manage explosives and other hazardous materials into this coordination process will ensure access to the practical constraints faced by operators.
We respectfully request that you consider these proposals and the potential benefits they will bring.
The Salt Institute appreciates the opportunity to submit these comments.
Sincerely,
Morton Satin
Director, Technical and Regulatory Affairs
Salt Institute
700 North Fairfax St.
Alexandria, VA 22314
Phone: (703) 549-4648
morton@saltinstitute.org
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