The Third Circuit held that “nce a standard has been promulgated, custom name houston texans baseball shirt however, the Secretary may exclude a particular industry only if he informs the reviewing court,
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It was also suggested that the definition of what constitutes a hazardous chemical be limited under the rule (Ex. 11-6), and that OSHA cannot cover the only chemicals custom name houston texans baseball shirt that pose a true hazard to workers on the construction job site (Ex, natural gas seepage). The comments and testimony received subsequent to the publication of the NPRM reiterate and expand upon this position. For example, a number of commenters opposed the rule in its entirety, suggesting that it is too burdensome, construction is already adequately covered, and the requirements are not appropriate for construction. See, e.g., Exs. 11-9, 11-24, 11-29, , and . “We believe an extension of the Hazard Communication Standard to the non-manufacturing sector is unwarranted and burdensome. Construction workers simply
do not face a significant risk of material harm from exposure to chemicals, and the standard is infeasible for the construction industry to implement.” Ex. Significant risk – industry perspective. As was described in the preamble to the NPRM, representatives of the construction industry submitted comments objecting to coverage under the revised final rule . They argued that the rule’s protections were not required in their industry as exposures to hazardous chemicals did not present a significant risk to workers, and construction employees are already required to be trained under the existing construction training standard, 29 CFR 1926.21. Therefore, according to these commenters, whatever risk there is has already been mitigated by the existing training, and any incremental risk remaining is not significant enough to warrant coverage under the HCS. OSHA originally chose to direct the HCS to employers in manufacturing, based on what were believed at that time to be relevant policy considerations.