DG Digest: IAEA Considering Radioactive Materials Transport Revisions, Could Impact 49 CFR and Other Modal Regulations

Winter rolls on.  It’s the third week of February and if you’re like most folks, you’re pretty probably tired of the damp, dark, and cold.  Hang in there!  This too shall pass.  Meanwhile, bear down and keep focusing on those winter safety plans.  It’s easy for many employees to start paying less attention to things like snow and ice and exposure to cold as, like us, they tire of the season.  As HS&E professionals, it’s up to us to continue being mindful of the risks posed by these hazards and help our colleagues to cope with them safely.  Let’s take a look at the past week’s regulatory news:


PHMSA and the U.S. Nuclear Regulatory Commission are jointly seeking comments on issues concerning requirements in the International Atomic Energy Agency (IAEA) regulations for the safe transport of radioactive materials. The IAEA is considering revisions to their regulations as part of its periodic review cycle for a new edition. These changes may or will “run downstream” and can impact regulated transport under the 49 CFR and other modal regulations. Interested parties may wish to explore this subject and contribute.  Submit comments by March 4, 2022.  Find out how right here.


In a significant new initiative, the agency proposes updating the design and construction requirements of the powered industrial trucks standards for general industry and construction.  This action would:

  • incorporate by reference the applicable provisions of the most relevant national consensus standards from the American National Standards Institute/Industrial Truck Standards Development Foundation (ANSI/ ITSDF)
  • Allow employers to use powered industrial trucks not constructed in accordance with those national consensus standards incorporated by reference in the OSHA standards if the employer can demonstrate that the truck they use was designed and constructed in a manner that provides employee protection that is at least as effective as the national consensus standards incorporated by reference in OSHA’s standards

Comments on this NPRM are due by May 17th, 2022.  See the new proposal in full here.

The agency also issued an ICR related to OSH Act variance regulations. See this ICR here:

A second ICR relates to the use of blasting agents and explosives in industrial operations. These poses significant risks and as such the agency keeps a close eye on their use and handling. See this ICR here:

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