[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Unknown Section]
[Pages 35047-35053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14356]
Vol. 80
Thursday,
No. 117
June 18, 2015
Part XI
Department of Labor
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Unified Agenda
Federal Register / Vol. 80 , No. 117 / Thursday, June 18, 2015 /
Unified Agenda
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DEPARTMENT OF LABOR
Office of the Secretary
20 CFR Chs. I, IV, V, VI, VII, and IX
29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV
30 CFR Ch. I
41 CFR Ch. 60
48 CFR Ch. 29
Unified Agenda of Regulatory and Deregulatory Actions
AGENCY: Department of Labor.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Internet has become the means for disseminating the
entirety of the Department of Labor's semiannual regulatory agenda.
However, the Regulatory Flexibility Act requires publication of a
regulatory flexibility agenda in the Federal Register. This Federal
Register Notice contains the regulatory flexibility agenda.
FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-2312,
Washington, DC 20210; (202) 693-5959.
Note: Information pertaining to a specific regulation can be
obtained from the agency contact listed for that particular
regulation.
SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the
semiannual publication of an agenda of regulations that contains a
listing of all the regulations the Department of Labor expects to have
under active consideration for promulgation, proposal, or review during
the coming one-year period. The entirety of the Department's semiannual
agenda is available online at www.reginfo.gov.
The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to
publish in the Federal Register a regulatory flexibility agenda. The
Department's Regulatory Flexibility Agenda published with this notice,
includes only those rules on its semiannual agenda that are likely to
have a significant economic impact on a substantial number of small
entities and those rules identified for periodic review in keeping with
the requirements of section 610 of the Regulatory Flexibility Act.
Thus, the regulatory flexibility agenda is a subset of the Department's
semiannual regulatory agenda.
Occupational Safety and Health Administration
Bloodborne Pathogens (RIN 1218-AC34)
All interested members of the public are invited and encouraged to
let departmental officials know how our regulatory efforts can be
improved, and are invited to participate in and comment on the review
or development of the regulations listed on the Department's agenda.
Thomas E. Perez,
Secretary of Labor.
Wage and Hour Division--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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170....................... Defining and Delimiting 1235-AA11
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales, and Computer
Employees.
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Employment and Training Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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171....................... Temporary Agricultural 1205-AB70
Employment of H-2A
Foreign Workers in the
Herding or Production of
Livestock on the Open
Range in the United
States.
172....................... Workforce Innovation and 1205-AB73
Opportunity Act.
173....................... Workforce Innovation and 1205-AB74
Opportunity Act; Joint
Rule with U.S. Department
of Education for Combined
and Unified State Plans,
Performance
Accountability, and the
One-Stop System Joint
Provisions.
174....................... Modernizing the Permanent 1205-AB75
Labor Certification
Program (PERM).
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Employment and Training Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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175....................... Wage Methodology for the 1205-AB72
Temporary Non-
Agricultural Employment H-
2B Program.
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Occupational Safety and Health Administration--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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176....................... Bloodborne Pathogens 1218-AC34
(Section 610 Review).
177....................... Combustible Dust.......... 1218-AC41
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Occupational Safety and Health Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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178....................... Occupational Exposure to 1218-AB70
Crystalline Silica.
179....................... Occupational Exposure to 1218-AB76
Beryllium.
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Occupational Safety and Health Administration--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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180....................... Infectious Diseases....... 1218-AC46
181....................... Injury and Illness 1218-AC48
Prevention Program.
182....................... Preventing Backover 1218-AC51
Injuries and Fatalities.
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Occupational Safety and Health Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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183....................... Confined Spaces in 1218-AB47
Construction.
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DEPARTMENT OF LABOR (DOL)
Wage and Hour Division (WHD)
Proposed Rule Stage
170. Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales, and Computer Employees
Legal Authority: 29 U.S.C. 213(a)(1) (Fair Labor Standards Act)
Abstract: The Fair Labor Standards Act (FLSA) section 13(a)(1)
provides a minimum wage and overtime exemption for any employee
employed in a bona fide executive, administrative, professional
capacity, or in the capacity of an outside salesperson. President
Barack Obama issued a memorandum to the Secretary of Labor on March 13,
2014, directing the Secretary to modernize and streamline the existing
overtime regulations for executive, administrative, and professional
employees. The Department of Labor last updated these regulations in
2004.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mary Ziegler, Director, Division of Regulations,
Legislation, and Interpretation, Department of Labor, 200 Constitution
Avenue NW., Room S-3502, FP Building, Washington, DC 20210, Phone: 202
693-0406, Fax: 202 693-1387.
RIN: 1235-AA11
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Proposed Rule Stage
171. Temporary Agricultural Employment of H-2A Foreign Workers in the
Herding or Production of Livestock on the Open Range in the United
States
Legal Authority: 8 U.S.C. 1188
Abstract: Office of Foreign Labor Certification of the Employment
and Training Administration (ETA) has established special procedures
for certain occupations, including long-established variances for
sheepherding, goat herding, and occupations involving the open range
production of livestock. The wage-setting methodology and other
employment standards for these occupations has been set in the past by
sub-regulatory guidance. ETA is engaging in this regulatory action to
establish standards for wages and working conditions in these
occupations based on input from the regulated community.
Timetable:
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Action Date FR Cite
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NPRM................................ 04/15/15 80 FR 20300
NPRM Comment Period End............. 05/15/15
NPRM Comment Period Extended........ 05/05/15 80 FR 25633
NPRM Comment Period Extended End.... 06/01/15
Final Rule.......................... 11/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Janet Banos, Department of Labor, Employment and
Training Administration, Division of Policy, Office of Foreign Labor
Certification, 200 Constitution Avenue NW., Room C-4312, FP Building,
Washington, DC 20210, Phone: 202 693-3010, Email: banos.janet@dol.gov.
RIN: 1205-AB70
172. Workforce Innovation and Opportunity Act
Legal Authority: Section 503(f) of the Workforce Innovation and
Opportunity Act (Pub. L. 113-128)
Abstract: On July 22, 2014, the President signed the Workforce
Innovation and Opportunity Act (WIOA) (Pub. L. 113-128). WIOA repeals
the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.)
The Department of Labor must develop and issue a Notice of Proposed
Rulemaking (NPRM) that proposes to implement the changes WIOA makes to
the public workforce system in regulations. Through the NPRM, the
Department will propose ways to carry out the purposes of WIOA to
provide workforce investment activities, through State and local
workforce development systems, that increase employment, retention, and
earnings of participants, meet the skill requirements of employers, and
enhance the productivity and competitiveness of the Nation.
Timetable:
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Action Date FR Cite
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NPRM................................ 04/16/15 80 FR 20690
NPRM Comment Period End............. 06/15/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Portia Wu, Assistant Secretary for Employment and
Training,
Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 202
639-2700.
RIN: 1205-AB73
173. Workforce Innovation and Opportunity Act; Joint Rule With
U.S. Department of Education for Combined and Unified State Plans,
Performance Accountability, and the One-Stop System Joint Provisions
Legal Authority: Section 503(f) of the Workforce Innovation and
Opportunity Act (Pub. L. 113-128)
Abstract: On July 22, 2014, the President signed the Workforce
Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) which repeals
the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) As
directed by WIOA, the Departments of Education and Labor must develop
and issue a Notice of Proposed Rulemaking (NPRM) to implement the
changes in regulations that WIOA makes to the public workforce system
regarding Combined and Unified State Plans, performance accountability
for WIOA title I, title II, title III, and title IV programs, and the
one-stop delivery system.
Therefore, the Departments of Labor and Education will issue a
joint NPRM that will include regulations governing the Combined and
Unified State Plans, performance accountability system and One-Stop
Delivery System and One-Stop Centers, as both Departments are required
to jointly implement these provisions of WIOA. All of the other
regulations implementing WIOA will be published by the Departments of
Labor and Education in separate NPRMs.
Timetable:
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Action Date FR Cite
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NPRM................................ 04/16/15 80 FR 20574
NPRM Comment Period End............. 06/15/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Portia Wu, Assistant Secretary for Employment and
Training, Department of Labor, Employment and Training Administration,
200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone:
202-639-2700.
RIN: 1205-AB74
174. Modernizing the Permanent Labor Certification Program
(PERM)
Legal Authority: 8 U.S.C. 1152(a)(5)(A); 20 CFR part 656
Abstract: The PERM regulations govern the labor certification
process for employers seeking to employ foreign workers permanently in
the United States. The Department of Labor (Department) has not
comprehensively examined and modified the permanent labor certification
requirements and process since 2004. Over the last ten years, much has
changed in our country's economy, affecting employers' demand for
workers and the availability of a qualified domestic labor force.
Advances in technology and information dissemination have dramatically
altered common industry recruitment practices, and the Department has
received ongoing feedback that the existing regulatory requirements
governing the PERM process frequently do not align with worker or
industry needs and practices. Therefore, the Department is engaging in
rulemaking that will consider options to modernize the PERM program to
be more responsive to changes in the national workforce, to further
align the program design with the objectives of the U.S. immigration
system and needs of workers and employers, and to enhance the integrity
of the labor certification process.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William W. Thompson II, Acting Administrator,
Office of Foreign Labor Certification, Department of Labor, Employment
and Training Administration, 200 Constitution Avenue NW., FP Building,
Rm C-4312, Washington, DC 20210, Phone: 202 693-3010.
RIN: 1205-AB75
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Completed Actions
175. Wage Methodology for the Temporary Non-Agricultural Employment H-
2B Program
Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii(B); 8 U.S.C. 1148(c);
29 U.S.C. 49k; 8 CFR 214.2(h)(6)(iii)
Abstract: The Immigration and Nationality Act (INA) establishes the
H-2B visa classification for a non-agricultural temporary worker
"having a residence in a foreign country which he has no intention of
abandoning who is coming temporarily to the United States to perform .
. . temporary [non-agricultural] service or labor if unemployed persons
capable of performing such service or labor cannot be found in this
country[.]" 8 U.S.C. 1101(a)(15)(H)(ii)(b). The INA also requires an
importing employer (H-2B employer) to petition the Department of
Homeland Security (DHS) for classification of the prospective temporary
worker as an H-2B nonimmigrant, and DHS must approve such petition
before the beneficiary can be considered eligible for an H-2B visa or
H-2B status. 8 U.S.C. 1184(c)(1). The INA further requires DHS to
consult with "appropriate agencies of the Government" before
adjudicating an H-2B petition, and DHS has determined that it must
consult with the Department of Labor (DOL) to determine whether U.S.
workers capable of performing the temporary services or labor are
available and that the foreign worker's employment will not adversely
affect the wages or working conditions of similarly employed U.S.
workers. 8 CFR 214.2(h)(6)(iii)(A). DHS's regulation requires H-2B
employers to obtain certification from DOL that these conditions are
met prior to submitting a petition to DHS. Id. As part of DOL's
certification, DHS requires DOL to determine the prevailing wage
applicable to an application for temporary labor certification. 8 CFR
214.2(h)(6)(iii)(D). DOL has established procedures to certify whether
a qualified U.S. worker is available to fill the petitioning H-2B
employer's job opportunity and whether foreign worker's employment in
the job opportunity will adversely affect the wages or working
conditions of similarly employed U.S. workers. See 20 CFR part 655,
subpart A. As part of DOL's labor certification process and, pursuant
to the DHS regulations, 8 CFR 214.2(h)(6)(iii)(D), DOL sets the wage
that employers must offer and pay foreign workers entering the country
on an H-2B visa. See 20 CFR 655.10. DOL revised the wage methodology
used in the H-2B program in 2011, and jointly with the Department of
Homeland Security again in 2013. The later action was an interim final
rule (IFR) in response to a court order. However, DOL requested and
received comments on all aspects of the 2013 revisions to the H-2B wage
methodology in the IFR. DOL has determined that further notice and
comment is appropriate on the proper methodology for determining the
prevailing wage in the H-2B program, and will consider comments
submitted in conjunction with the IFR together with comments submitted
on this new proposal in order to issue a final rule.
Timetable:
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Action Date FR Cite
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Withdrawn........................... 03/20/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lauren Bernstein, Acting Manager, Division of
Policy, Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, 200 Constitution Avenue NW.,
Room C-4312, FP Building, Washington, DC 20210, Phone: 202 693-3010,
Email: bernstein.lauren@dol.gov.
RIN: 1205-AB72
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Prerule Stage
176. Bloodborne Pathogens (Section 610 Review)
Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 655(b)
Abstract: OSHA will undertake a review of the Bloodborne Pathogen
Standard (29 CFR 1910.1030) in accordance with the requirements of the
Regulatory Flexibility Act and section 5 of Executive Order 12866. The
review will consider the continued need for the rule; whether the rule
overlaps, duplicates, or conflicts with other Federal, State or local
regulations; and the degree to which technology, economic conditions,
or other factors may have changed since the rule was evaluated.
Timetable:
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Action Date FR Cite
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Begin Review........................ 10/22/09
Request for Comments Published...... 05/14/10 75 FR 27237
Comment Period End.................. 08/12/10
End Review and Issue Findings....... 09/00/15
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Regulatory Flexibility Analysis Required: No.
Agency Contact: Amanda Edens, Director, Directorate of Technical
Support and Emergency Management, Department of Labor, Occupational
Safety and Health Administration, 200 Constitution Avenue NW., FP
Building, Room N-3653, Washington, DC 20210, Phone: 202 693-2300, Fax:
202 693-1644, Email: edens.mandy@dol.gov.
RIN: 1218-AC34
177. Combustible Dust
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: Occupational Safety and Health Administration (OSHA) has
commenced rulemaking to develop a combustible dust standard for general
industry. The U.S. Chemical Safety Board (CSB) completed a study of
combustible dust hazards in late 2006, which identified 281 combustible
dust incidents between 1980 and 2005 that killed 119 workers and
injured another 718. Based on these findings, the CSB recommended the
Agency pursue a rulemaking on this issue. OSHA has previously addressed
aspects of this risk. For example, on July 31, 2005, OSHA published the
Safety and Health Information Bulletin, "Combustible Dust in Industry:
Preventing and Mitigating the Effects of Fire and Explosions."
Additionally, OSHA implemented a Combustible Dust National Emphasis
Program (NEP) on March 11, 2008, launched a new Web page, and issued
several other guidance documents. However, the Agency does not have a
comprehensive standard that addresses combustible dust hazards. OSHA
will use the information gathered from the NEP to assist in the
development of this rule. OSHA published an ANPRM October 21, 2009.
Additionally, stakeholder meetings were held in Washington, DC, on
December 14, 2009, in Atlanta, GA, on February 17, 2010, and in
Chicago, IL, on April 21, 2010. A webchat for combustible dust was also
held on June 28, 2010, and an expert forum was convened on May 13,
2011.
Timetable:
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Action Date FR Cite
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ANPRM............................... 10/21/09 74 FR 54333
Stakeholder Meetings................ 12/14/09
ANPRM Comment Period End............ 01/19/10
Stakeholder Meetings................ 02/17/10
Stakeholders Meetings............... 03/09/10 75 FR 10739
Initiate SBREFA..................... 02/00/16
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
perry.bill@dol.gov.
RIN: 1218-AC41
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Proposed Rule Stage
178. Occupational Exposure to Crystalline Silica
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: Crystalline silica is a significant component of the
earth's crust, and many workers in a wide range of industries are
exposed to it, usually in the form of respirable quartz or, less
frequently, cristobalite. Chronic silicosis is a uniquely occupational
disease resulting from exposure of employees over long periods of time
(10 years or more). Exposure to high levels of respirable crystalline
silica causes acute or accelerated forms of silicosis that are
ultimately fatal. The current OSHA permissible exposure limit (PEL) for
general industry is based on a formula proposed by the American
Conference of Governmental Industrial Hygienists (ACGIH) in 1968
(PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current
PEL for construction and shipyards (derived from ACGIH's 1970 Threshold
Limit Value) is based on particle counting technology, which is
considered obsolete. NIOSH and ACGIH recommend 50[micro]g/m3 and
25[micro]g/m3 exposure limits, respectively, for respirable crystalline
silica.
Both industry and worker groups have recognized that a
comprehensive standard for crystalline silica is needed to provide for
exposure monitoring, medical surveillance, and worker training. ASTM
International has published recommended standards for addressing the
hazards of crystalline silica. The Building Construction Trades
Department of the AFL-CIO has also developed a recommended
comprehensive program standard. These standards include provisions for
methods of compliance, exposure monitoring, training, and medical
surveillance.
The NPRM was published on September 12, 2013 (78 FR 56274). OSHA
received over 1,700 comments from the public on the proposed rule, and
over 200 stakeholders provided testimony during public hearings on the
proposal. The agency is now reviewing and considering the evidence in
the rulemaking record.
Timetable:
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Action Date FR Cite
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Completed SBREFA Report............. 12/19/03
Initiated Peer Review of Health 05/22/09
Effects and Risk Assessment.
Completed Peer Review............... 01/24/10
NPRM................................ 09/12/13 78 FR 56274
NPRM Comment Period Extended; Notice 10/31/13 78 FR 65242
of Intention to Appear at Pub
Hearing; Scheduling Pub Hearing.
NPRM Comment Period Extended........ 01/29/14 79 FR 4641
Informal Public Hearing............. 03/18/14
Post Hearing Briefs Ends............ 08/18/14
Analyze Comments.................... 06/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
perry.bill@dol.gov.
RIN: 1218-AB70
179. Occupational Exposure to Beryllium
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: In 1999 and 2001, OSHA was petitioned to issue an
emergency temporary standard for permissible exposure limit (PEL) to
beryllium by the United Steel Workers (formerly the Paper Allied-
Industrial, Chemical, and Energy Workers Union), Public Citizen Health
Research Group, and others. The Agency denied the petitions but stated
its intent to begin data gathering to collect needed information on
beryllium's toxicity, risks, and patterns of usage. On November 26,
2002, OSHA published a Request for Information (RFI) (67 FR 70707) to
solicit information pertinent to occupational exposure to beryllium,
including: current exposures to beryllium; the relationship between
exposure to beryllium and the development of adverse health effects;
exposure assessment and monitoring methods; exposure control methods;
and medical surveillance. In addition, the Agency conducted field
surveys of selected worksites to assess current exposures and control
methods being used to reduce employee exposures to beryllium. OSHA
convened a Small Business Advocacy Review Panel under the Small
Business Regulatory Enforcement Fairness Act (SBREFA) and completed the
SBREFA Report in January 2008. OSHA also completed a scientific peer
review of its draft risk assessment.
Timetable:
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Action Date FR Cite
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Request for Information............. 11/26/02 67 FR 70707
Request For Information Comment 02/24/03
Period End.
SBREFA Report Completed............. 01/23/08
Initiated Peer Review of Health 03/22/10
Effects and Risk Assessment.
Complete Peer Review................ 11/19/10
NPRM................................ 05/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
perry.bill@dol.gov.
RIN: 1218-AB76
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Long-Term Actions
180. Infectious Diseases
Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C.
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673; * * *
Abstract: Employees in health care and other high-risk environments
face long-standing infectious disease hazards such as tuberculosis
(TB), varicella disease (chickenpox, shingles), and measles (rubeola),
as well as new and emerging infectious disease threats, such as Severe
Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care
workers and workers in related occupations, or who are exposed in other
high-risk environments, are at increased risk of contracting TB, SARS,
Methicillin-resistant Staphylococcus aureus (MRSA), and other
infectious diseases that can be transmitted through a variety of
exposure routes. OSHA is concerned about the ability of employees to
continue to provide health care and other critical services without
unreasonably jeopardizing their health. OSHA is considering the need
for a standard to ensure that employers establish a comprehensive
infection control program and control measures to protect employees
from infectious disease exposures to pathogens that can cause
significant disease. Workplaces where such control measures might be
necessary include: health care, emergency response, correctional
facilities, homeless shelters, drug treatment programs, and other
occupational settings where employees can be at increased risk of
exposure to potentially infectious people. A standard could also apply
to laboratories, which handle materials that may be a source of
pathogens, and to pathologists, coroners' offices, medical examiners,
and mortuaries.
Timetable:
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Action Date FR Cite
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Request for Information (RFI)....... 05/06/10 75 FR 24835
RFI Comment Period End.............. 08/04/10
Analyze Comments.................... 12/30/10
Stakeholder Meetings................ 07/05/11 76 FR 39041
Initiate SBREFA..................... 06/04/14
Complete SBREFA..................... 12/22/14
NPRM................................ 12/00/16
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
perry.bill@dol.gov.
RIN: 1218-AC46
181. Injury and Illness Prevention Program
Legal Authority: 29 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: OSHA is developing a rule requiring employers to
implement an Injury and Illness Prevention Program. It involves
planning, implementing, evaluating, and improving processes and
activities that protect employee safety and health. OSHA has
substantial data on reductions in injuries and illnesses from employers
who have implemented similar effective
processes. The Agency currently has voluntary Safety and Health Program
Management Guidelines (54 FR 3904 to 3916), published in 1989. An
injury and illness prevention program rule would build on these
guidelines as well as lessons learned from successful approaches and
best practices under OSHA's Voluntary Protection Program, Safety and
Health Achievement Recognition Program, and similar industry and
international initiatives such as American National Standards
Institute/American Industrial Hygiene Association Z10, and Occupational
Health and Safety Assessment Series 18001.
Timetable:
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Action Date FR Cite
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Notice of Stakeholder Meetings...... 05/04/10 75 FR 23637
Notice of Additional Stakeholder 06/22/10 75 FR 35360
Meetings.
Initiate SBREFA..................... 01/06/12
-----------------------------------
NPRM................................ To Be Determined
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
perry.bill@dol.gov.
RIN: 1218-AC48
182. Preventing Backover Injuries and Fatalities
Legal Authority: 29 U.S.C. 655(b)
Abstract: OSHA published a Request for Information (RFI) (77 FR
18973; March 29, 2012) that sought information on two subjects: (1)
Preventing backover injuries; and (2) the hazards and risks of
reinforcing concrete operations in construction, including post-
tensioning. Backing vehicles and equipment are common causes of struck-
by injuries and can also cause caught-between injuries when backing
vehicles and equipment pin a worker against an object. Struck-by
injuries and caught-between injuries are two of the four leading causes
of workplace fatalities. The Bureau of Labor Statistics reports that in
2011, 75 workers were fatally backed over while working. While many
backing incidents can prove to be fatal, workers can suffer severe,
non-fatal injuries as well. A review of OSHA's Integrated Management
Information System (IMIS) database found that backing incidents can
result in serious injury to the back and pelvis, fractured bones,
concussions, amputations, and other injuries. Emerging technologies in
the field of backing operations may prevent incidents. The technologies
include cameras and proximity detection systems. The use of spotters
and internal traffic control plans can also make backing operations
safer. The Agency has held stakeholder meetings on backovers, and is
conducting site visits to employers.
Timetable:
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Action Date FR Cite
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Request for Information (RFI)....... 03/29/12 77 FR 18973
RFI Comment Period End.............. 07/27/12
Initiate SBREFA..................... 06/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jim Maddux, Director, Directorate of Construction,
Department of Labor, Occupational Safety and Health Administration,
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email:
maddux.jim@dol.gov.
RIN: 1218-AC51
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Completed Actions
183. Confined Spaces in Construction
Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
Abstract: In 1993, OSHA issued a rule to protect employees who
enter confined spaces while engaged in general industry work (29 CFR
1910.146). This standard has not been extended to cover employees
entering confined spaces while engaged in construction work because of
unique characteristics of construction work sites. Pursuant to
discussions with the United Steel Workers of America that led to a
settlement agreement regarding the general industry standard, OSHA
agreed to issue a proposed rule to protect construction workers in
confined spaces.
Timetable:
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Action Date FR Cite
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SBREFA Panel Report................. 11/24/03
NPRM................................ 11/28/07 72 FR 67351
NPRM Comment Period End............. 01/28/08
NPRM Comment Period Extended........ 02/28/08 73 FR 3893
Public Hearing...................... 07/22/08
Close Record........................ 10/23/08
Final Rule.......................... 05/04/15 80 FR 25365
Final Rule Effective................ 08/03/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jim Maddux, Director, Directorate of Construction,
Department of Labor, Occupational Safety and Health Administration,
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email:
maddux.jim@dol.gov.
RIN: 1218-AB47
[FR Doc. 2015-14356 Filed 6-17-15; 8:45 am]
BILLING CODE 4510-04-P
