## 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

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

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. In addition, the Department’s Regulatory Plan, a subset of the Department’s regulatory

agenda, is being published in the Federal Register . The Regulatory Plan contains a statement of the

Department’s regulatory priorities and the regulatory actions the Department wants to highlight as its most

important and significant.

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.

On January 18, 2011 the President issued Executive Order (E.O.) 13563, titled Improving Regulation

and Regulatory Review. The Department of Labor’s fall 2011 Regulatory Agenda aims to achieve more

efficient and less burdensome regulation through our renewed commitment to conduct retrospective

reviews of regulations.

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. At this time, there is only one item, listed

below, on the Department’s Regulatory Flexibility Agenda.

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

In addition, the Department’s Regulatory Plan, also a subset of the Department’s regulatory agenda, is

being published in the Federal Register . The Regulatory Plan contains a statement of the Department’s

regulatory priorities and the regulatory actions the Department wants to highlight as its most important and

significant.

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.

## NAME: HILDA L. SOLIS,

Secretary of Labor.The 98 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title Regulation
Identifier
Number

Equal Employment Opportunity in Apprenticeship Amendment of Regulations 1205-AB59

Implementation of Total Unemployment Rate Extended Benefits Trigger and Rounding Rule 1205-AB62

Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants 1205-AB63

Implementing the Middle Class Tax Relief and Job Creation Act of 2012 Provision on Data Exchange Standardization 1205-AB64

Employment and Training Administration - Final Rule

Title Regulation
Identifier
Number

Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment. 1205-AB65

Attestations by Employers Using F-1 Students in Off-Campus Work 1205-AB66

Attestations by Facilities Using Nonimmigrant Aliens as Registered Nurses 1205-AB67

Job Training Partnership Act; Removal of JTPA 1205-AB68

Employment and Training Administration - Completed Action

Title Regulation
Identifier
Number

YouthBuild Program Regulation 1205-AB49

Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers) 1205-AB58

Senior Community Service Employment Program; Additional Indicator on Volunteer Work 1205-AB60

Wage Methodology for the Temporary Nonagricultural Employment H-2B Program 1205-AB61

Employee Benefits Security Administration - PreRule

Title Regulation
Identifier
Number

Pension Benefit Statements 1210-AB20

Employee Benefits Security Administration - Proposed Rule

Title Regulation
Identifier
Number

Definition of "Fiduciary" 1210-AB32

Target Date Disclosure 1210-AB38

Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient
Protection and Affordable Care Act 1210-AB44

Amendment of Abandoned Plan Program 1210-AB47

Guide or Similar Requirement for Section 408(b)(2) Disclosures 1210-AB53

Incentives for Nondiscriminatory Wellness Programs in Group Health Plans 1210-AB55

Employee Benefits Security Administration - Final Rule

Title Regulation
Identifier
Number

Annual Funding Notice 1210-AB18Employee Benefits Security Administration - Long-term Action

Title Regulation
Identifier
Number

Mental Health Parity and Addiction Equity Act 1210-AB30

Improved Fee Disclosure for Welfare Plans 1210-AB37

Amendment to Claims Procedure Regulation 1210-AB39

Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the
Patient Protection and Affordable Care Act 1210-AB41

Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the
Patient Protection and Affordable Care Act 1210-AB42

Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions and Patient Protections Under the Affordable
Care Act 1210-AB43

Group Health Plans and Health Insurance Issuers Relating to Internal and External Appeals Processes Under the
Patient Protection and Affordable Care Act 1210-AB45

Automatic Enrollment in Health Plans of Employees of Large Employers Under FLSA Section 18A 1210-AB46

Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521 1210-AB48

Filings Required of Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers 1210-AB51

Employee Benefits Security Administration - Completed Action

Title Regulation
Identifier
Number

Improved Fee Disclosure for Pension Plans 1210-AB08

Group Health Plans and Health Insurance Issuers Relating to the Summary of Benefits and Coverage and the Uniform Glossary Required Under the Affordable Care Act 1210-AB52

Reasonable Contract or Arrangement Under Section 408(b)(2) -- Fee Disclosure/Web Portal 1210-AB54

Occupational Safety and Health Administration - PreRule

Title Regulation
Identifier
Number

Combustible Dust 1218-AC41

Infectious Diseases 1218-AC46

Injury and Illness Prevention Program 1218-AC48

Reinforced Concrete in Construction and Preventing Backover Injuries and Fatalities 1218-AC51

Review/Lookback of OSHA Chemical Standards 1218-AC74

Occupational Safety and Health Administration - Proposed Rule

Title Regulation
Identifier
Number

Occupational Exposure to Crystalline Silica 1218-AB70

Occupational Exposure to Beryllium 1218-AB76

Bloodborne Pathogens 1218-AC34

Improve Tracking of Workplace Injuries and Illnesses 1218-AC49

Revising the Underground Construction and Demolition Standards To Make the Cranes and Derricks in Construction Rule Applicable to Those Activities 1218-AC61

Standards Improvement Project IV 1218-AC67

Cranes and Derricks in Construction: Revision to Digger Derricks' Requirements 1218-AC75

Approved State Plans for Occupational Safety and Health 1218-AC76

Consensus Standard Update--Signage 1218-AC77

Revocation of Periodic Records 1218-AC80

Occupational Safety and Health Administration - Final Rule

Title Regulation
Identifier
NumberConfined Spaces in Construction 1218-AB47

Electric Power Transmission and Distribution; Electrical Protective Equipment 1218-AB67

Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) 1218-AB80

Cooperative Agreements 1218-AC32

Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act; Surface Transportation Assistance Act; and Federal Railroad Safety Act 1218-AC36

Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions 1218-AC50

Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, as Amended 1218-AC53

Procedures for the Handling of Retaliation Complaints Under The Consumer Financial Protection Act; The Seaman's Protection Act; and the FDA Food Safety Modernization Act 1218-AC58

Vertical Tandem Lifts 1218-AC72

Procedures for the Handling of Retaliation Complaints under Section 1558 of the Affordable Care Act of 2010 1218-AC79

Occupational Safety and Health Administration - Long-term Action

Title Regulation
Identifier
Number

Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes 1218-AC33

Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column 1218-AC45

Occupational Safety and Health Administration - Completed Action

Title Regulation
Identifier
Number

Hazard Communication 1218-AC20

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer Product Safety Improvement Act (CPSIA) of 2008 1218-AC47

Updating OSHA Standards Based on National Consensus Standards--Acetylene 1218-AC64

Updating OSHA Standards Based on National Consensus Standards--Personal Protection Equipment (Head Protection) 1218-AC65

Hawaii State Plan for Occupational Safety and Health 1218-AC78

Mine Safety and Health Administration - PreRule

Title Regulation
Identifier
Number

Refuge Alternatives for Underground Coal Mines 1219-AB79

Mine Safety and Health Administration - Proposed Rule

Title Regulation
Identifier
Number

Respirable Crystalline Silica 1219-AB36

Notification of Legal Identity 1219-AB67

Criteria and Procedures for Proposed Assessment of Civil Penalties 1219-AB72

Proximity Detection Systems for Mobile Machines in Underground Mines 1219-AB78

Fees for Testing, Evaluation and Approval of Mining Products 1219-AB82

Mine Safety and Health Administration - Final Rule

Title Regulation
Identifier
Number

Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors 1219-AB64

Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines 1219-AB65

Pattern of Violations 1219-AB73

Criteria and Procedures for Proposed Assessment of Civil Penalties; Inflation Adjustment 1219-AB81

Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record 1219-AB84Mine Safety and Health Administration - Completed Action

Title Regulation
Identifier
Number

Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards 1219-AB75

Wage and Hour Division - Final Rule

Title Regulation
Identifier
Number

Amendments to the Family and Medical Leave Act of 1993 1235-AA03

Application of the Fair Labor Standards Act to Domestic Service 1235-AA05

Wage and Hour Division - Long-term Action

Title Regulation
Identifier
Number

Right To Know Under the Fair Labor Standards Act 1235-AA04

Fair Labor Standards Act, Child Labor Hazardous Occupations Order, No. 7 1235-AA07

Wage and Hour Division - Completed Action

Title Regulation
Identifier
Number

Child Labor Regulations, Orders, and Statements of Interpretations 1235-AA06

Office of Workers Compensation - Proposed Rule

Title Regulation
Identifier
Number

Longshore and Harbor Workers' Compensation Act: Maximum Compensation Rate Determinations 1240-AA06

Black Lung Benefits Act: Standards for Chest Radiographs 1240-AA07

Office of Workers Compensation - Final Rule

Title Regulation
Identifier
Number

Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors
Entitlement to Benefits 1240-AA04

Office of Workers Compensation - Completed Action

Title Regulation
Identifier
Number

Technical Amendments Eliminating References to the Employment Standards Administration 1240-AA05

Office of Labor Management Standards - Proposed Rule

Title Regulation
Identifier
Number

Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report 1245-AA05

Office of Labor Management Standards - Final Rule

Title Regulation
Identifier
Number

Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA 1245-AA03

Office of Federal Contract Compliance Programs - Proposed Rule

Title Regulation
Identifier
NumberConstruction Contractors' Affirmative Action Requirements 1250-AA01

Nondiscrimination in Compensation: Compensation Data Collection Tool 1250-AA03

Sex Discrimination Guidelines 1250-AA05

Office of Federal Contract Compliance Programs - Final Rule

Title Regulation
Identifier
Number

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans 1250-AA00

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With
Disabilities 1250-AA02

Office of the Secretary - Proposed Rule

Title Regulation
Identifier
Number

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges 1290-AA26

Office of the Secretary - Completed Action

Title Regulation
Identifier
Number

Update to Regulations Governing Administrative Claims Under the Federal Tort Claims Act and Related Statutes 1290-AA25

Office of the Assistant Secretary for Veterans' Employment and Training - Proposed Rule

Title Regulation
Identifier
Number

Compliance With the VOW to Hire Heroes Act on the Requirements of DVOPs and LVERs 1293-AA19

Annual Report from Federal Contractors 1293-AA20

Office of the Assistant Secretary for Veterans' Employment and Training - Final Rule

Title Regulation
Identifier
Number

Establishment of a Uniform National Threshold Entered Employment Rate for Veterans 1293-AA18

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB59

View Related Documents

Title: Equal Employment Opportunity in Apprenticeship Amendment of Regulations

Abstract: Revisions to the equal opportunity regulatory framework for the National Apprenticeship Act are a critical element in the Department's vision to promote and expand Registered Apprenticeship opportunities in the 21st century while continuing to safeguard the welfare and safety of apprentices. In October 2008, the Agency issued a Final Rule updating regulations for Apprenticeship Programs and Labor Standards for Registration. These regulations, codified at title 29 Code of Federal Regulations (CFR) part 29, had not been updated since 1977. The companion regulations, 29 CFR part 30, Equal Employment Opportunity (EEO) in Apprenticeship and Training, have not been amended since 1978. The Agency now proposes to update 29 CFR part 30 to ensure that the National Registered Apprenticeship System is consistent and in alignment with EEO law, as it has developed since 1978, and recent revisions to 29 CFR part 29. This second phase of regulatory updates will ensure that Registered Apprenticeship is positioned to continue to provide economic opportunity for millions of Americans while keeping pace with these new requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 30 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: sec 1, 50 Stat 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); Reorganization Plan No 14 of 1950, 64 Stat 1267 (5 USC app p 534)
Legal Deadline: None

Regulatory Plan:Statement of Need: Federal regulations for Equal Employment Opportunity (EEO) in Apprenticeship have not been updated since 1978. Updates to these regulations are necessary to ensure that DOL regulatory requirements governing the National Registered Apprenticeship System are consistent with the current state of EEO law and recent revisions to 29 CFR part 29.

Legal Basis: These regulations are authorized by the National Apprenticeship Act of 1937 (29 U.S.C. 50) and the Copeland Act (40 U.S.C. 276c). These regulations will set forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the U.S. Department of Labor or in State Apprenticeship Agencies recognized by the U.S. Department of Labor.

Alternatives: The public will be afforded an opportunity to provide comments on the proposed amendment to Apprenticeship EEO regulations when the Department publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register. A Final Rule will be issued after analysis and incorporation of public comments to the NRPM.

Costs and Benefits: The proposed changes are thought to raise "novel legal or policy issues" but are not economically significant within the context of Executive Order 12866 and are not a "major rule" under section 804 of the Small Business Regulatory Enforcement Fairness Act.

Risks: This action does not affect the public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 06/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: Yes
Energy Affected: No Agency Contact: John V. Ladd Office of Apprenticeship Department of Labor Employment and Training Administration Room N5311, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2796

FAX: 202 693-3799

E-Mail: ladd.john@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB62

View Related Documents

Title: Implementation of Total Unemployment Rate Extended Benefits Trigger and Rounding Rule

Abstract: Regulations at 20 CFR part 615 apply to the Extended Benefits (EB) as implemented following passage of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). They do not include amendments passed in 1992 (Pub. L. 102-318) which allowed States to implement an optional total unemployment rate (TUR) trigger mechanism. The proposed rule will add the TUR trigger to regulations. Also, until recently, the calculation of the TUR trigger paralleled the calculation of the insured unemployment rate trigger in the original law and truncated digits after the second decimal place expressed as a percentage. This rulemaking proposes a new methodology to calculate the "on" or "off" TUR indicators to determine when EB periods begin and end in a State.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 615 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 26 USC 7805; 42 USC 1302
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:Timetable:

Action Date FR Cite

NPRM 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Federalism: Yes Agency Contact: Ronald Wilus Chief, Division of Fiscal and Actuarial Services Department of Labor Employment and Training Administration 200 Constitution Avenue NW., FP Building, Room S-4231, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2931

E-Mail: wilus.ronald@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB63

View Related Documents

Title: Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants

Abstract: The Employment and Training Administration of the U.S. Department of Labor (Department) proposes to establish in regulations the occupations that regularly conduct drug testing for State Unemployment Insurance (UI) program purposes. Section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96) amended section 303 of the Social Security Act (42 USC sec. 303) to permit States to enact legislation that would allow State UI programs to conduct drug testing on applicants for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing or if the applicant was discharged for unlawful use of drugs. States may deny UI benefits to an applicant that tests positive for drug use under the circumstances just described. The Department is required under section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 to determine and establish in regulations those occupations that regularly conduct drug testing.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 112-96; title III, Social Security Act (42 USC 301 et seq)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: Yes
Energy Affected: No Agency Contact: Gay Gilbert Administrator, Office of Workforce Investment Department of Labor Employment and Training Administration 200 Constitution Avenue NW., FP Building, Room S-4231, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3428

E-Mail: gilbert.gay@dol.govDepartment of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB64

View Related Documents

Title: Implementing the Middle Class Tax Relief and Job Creation Act of 2012 Provision on Data Exchange Standardization

Abstract: The Employment and Training Administration of the U.S. Department of Labor (Department) proposes to designate in regulations data exchange standards, developed in consultation with the Office of Management and Budget (OMB), for Unemployment Insurance (UI) administration for any category of information required under title III, title IX, or title XII of the Social Security Act (Pub. L. 74-271). Section 2104 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112- 96) amends and adds section 911 to title IX of the Social Security Act (42 USC section 1101 et seq.) which requires the Department to issue a rule, developed in consultation with OMB, that outlines data exchange standards for required reporting. These standards will improve the interoperability of State, Federal, and employer operated systems that collect and exchange information for UI administrative purposes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 112-96; title IX, Social Security Act (42 USC 1101 et seq)
Legal Deadline:

Action Source Description Date

NPRM Statutory 02/22/2013

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: Yes
Energy Affected: No Agency Contact: Gay Gilbert Administrator, Office of Workforce Investment Department of Labor Employment and Training Administration 200 Constitution Avenue NW., FP Building, Room S-4231, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3428

E-Mail: gilbert.gay@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB65

View Related Documents

Title: Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment.

Abstract: In 2009, the Department suspended certain regulations pertaining to the H-2A program, including this subpart C. The suspension was legally enjoined (North Carolina Growers' Association v Solis, 1:09-cv-00411, June 29, 2009) thereby preventing implementation of the suspension. The entire subject matter of subpart C was subsumed into a later rulemaking (75 FR 6959, Feb. 12, 2010), but the injunction imposed on the suspension prevented the removal of subpart C. This regulatory action is needed to remove subpart C as obsolete and confusing to the public.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: NoCFR Citation: 20 CFR subpart C (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 8 USC 1188, 1184(c)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB66

View Related Documents

Title: Attestations by Employers Using F-1 Students in Off-Campus Work

Abstract: The Immigration Act of 1990, supplementing sections 101(a)(15)(F) and 214 of the Immigration and Nationality Act, created a three-year work authorization program for certain students in F-1 nonimmigrant status. The Department published an interim final rule to administer the program in 1991. 56 FR 56860 (Nov. 6, 1991). Public Law 103-416 (Oct. 25, 1994) revived the program through September 30, 1996, and the regulations were further amended (59 FR 64777, Dec. 15, 1994; 60 FR 34133, June 30, 1995; 60 FR 38959, July 31, 1995; 60 FR 49754, Sept. 30, 1995; 60 FR 61210, Nov. 29, 1995) but the program subsequently sunset and has not been extended since. The regulatory action will remove the regulations that have no legal authority and are no longer in effect to avoid confusion in the affected public.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR subparts J and K (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Immigration Act of 1990, sec 221, PL 103-416 (Oct. 25, 1994)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2013Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB67

View Related Documents

Title: Attestations by Facilities Using Nonimmigrant Aliens as Registered Nurses

Abstract: The Immigration Nursing Relief Act of 1999 provided for certain nonimmigrant status for H-1A nurses. Final regulations were published in 1994 (59 FR 897, Jan. 6, 1994, 59 FR 5484, Feb 4, 1994). The Act was extended but sunset in 2007 and has not been extended since. The regulatory action will remove the regulations that have no legal authority and are no longer in effect to avoid confusion in the affected public.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 20 CFR subparts D and E (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Immigration Nursing Relief Act of 1989 (NRA), PL 101-238, 103 Stat 2099 (December 18, 1989), as amended
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB68

View Related Documents

Title: Job Training Partnership Act; Removal of JTPA

Abstract: The Employment and Training Administration (ETA) of the Department of Labor (Department) is removing the regulations at 20 CFR parts 626, 627, 628, 631, 632, 633, 634, 636, 637, and 638, which implemented the Job TrainingPartnership Act (JTPA or the Act). These regulations were designed to improve the employment status of disadvantaged young adults, dislocated workers, and individuals facing barriers to employment. In 1998, Congress passed the Workforce Investment Act (WIA), which required the Secretary of Labor to transition any authority under JTPA to the system created by WIA. Public Law 105-220, title V, section 506(a), 112 Statute 1246-1247 (1998); 20 U.S.C. 9276(a). Therefore, the Department is taking this action to eliminate public reliance on regulations that are no longer enforceable or effective.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 20 CFR, 627, 628, 631, 632,; 20 CFR 633, 634, 636; 20 CFR 637, 638 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 105-220; 20 USC 9276(a)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 03/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Michael S. Jones Management and Program Analyst Department of Labor Employment and Training Administration 200 Constitution Avenue NW, Rm N-5641, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3700

FAX: 202 693-2766

E-Mail: paslawski.christopher@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB49

View Related Documents

Title: YouthBuild Program Regulation

Abstract: The YouthBuild Transfer Act of 2006, Public Law 109-281, enacted on September 22, 2006, transfers oversight and administration of the YouthBuild program from the U.S. Department of Housing and Urban Development (HUD) to the U.S. Department of Labor (DOL). The YouthBuild program targets high school dropouts, youth offenders, youth aging out of foster care, and other at-risk youth populations. The program model balances classroom learning, geared toward a high school diploma or GED, and construction skills training, geared toward a career placement for youth. DOL developed regulations in response to the legislation and to guide the program implementation and management. The program requires that 75 percent of participants must be youth who are school dropouts, with a 25 percent eligibility exception for at-risk youth who may have a high school diploma or GED but are basic-skills deficient.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 672 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 109-281
Legal Deadline: None

Regulatory Plan:

Statement of Need: The YouthBuild Transfer Act of 2006 (Transfer Act), Public Law 109-281, transfers the YouthBuild program from the HUD to the DOL. The transfer incorporates technical modifications and amends certain program features. TheEmployment and Training Administration is proposing new regulations which will govern its administration of the YouthBuild program. The Transfer Act maintains all the goals of the YouthBuild program as originally developed under HUD, including supporting the development of affordable housing, but shifts the emphasis to skills training for youth participants. The Transfer Act makes the YouthBuild program consistent with the job training, education, and employment goals under the Workforce Investment Act, Public Law 105-220, as amended. This includes authorizing DOL to apply the common performance measures developed for Federal youth activities employment and training programs. The Transfer Act authorizes education and workforceinvestment, such as occupational skills training, internships, and job shadowing, as well as community service and peercentered activities. In addition, the Transfer Act allows for greater coordination of the YouthBuild program with the workforce investment system, including local workforce investment boards, One-Stop Career Centers, and their partner programs. These strengthened connections will enhance the job training and employment opportunities available to participating at-risk youth.

Legal Basis: These regulations are authorized by Public Law 109-281, The YouthBuild Transfer Act of 2006, to implement the amendments to subtitle D of title I of the Workforce Investment Act of 1998 as amended (WIA).

Alternatives: The public was afforded an opportunity to provide comments on the YouthBuild program NPRM. A final rule will be issued after analysis of the public comments to the NPRM.

Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action have not been determined at this

time and will be determined at a later date.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 08/27/2010 75 FR 52671

NPRM Comment Period End 10/26/2010

Final Rule 02/15/2012 77 FR 9112

Final Rule Effective 04/16/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Amanda Ahistrand Acting Administrator, Office of Workforce Investment Department of Labor Employment and Training Administration 200 Constitution Avenue NW., FP Building, Room C4526, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3980

E-Mail: ahistrand.amanda@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB58

View Related Documents

Title: Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers)

Abstract: The Department published a Final Rule on February 21, 2012. The Department of Homeland Security (DHS) regulations require employers to apply for a temporary labor certification from the Department of Labor before H-2B petitions may be approved. DOL certifies that there are not sufficient U.S. worker(s) who are capable of performing the temporary services or labor at the time of an application for a visa, and that the employment of the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. This rule re-engineers the H-2B program in order to enhance transparency and strengthen program integrity and protections of both U.S. workers and H-2B workers.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action
Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B)); 8 USC 1184(c)(1); 8 CFR 214.2(h)
Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department has determined that a new rulemaking effort is necessary for the H-2B program. The policy underpinnings of the 2008 regulation; e.g., streamlining the H-2B process to defer many determinations of program compliance until after an application has been adjudicated did not provide an adequate level of protection for either U.S. or foreign workers. The final rule seeks to enhance worker protections and increase the availability of job opportunities to qualifiedU.S. workers.

Legal Basis: The Department of Labor's authority to revise these regulations derives from 8 U.S.C. 1101(a)(15)(H)(ii)(B), 8 U.S.C. 1184(c)(1), and 8 CFR 214.2(h).

Alternatives: The public was afforded an opportunity to provide comments on the proposed regulatory changes when the Department published the NPRM in the Federal Register. A final rule was issued after analysis of, and response to, public

comments.

Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action were provided in the NPRM. The Department of Labor sought information on potential additional or actual costs from employers and other interested parties through the NPRM in order to better assess the costs and benefits of the proposed provisions of the program. The changes are thought to raise "novel legal or policy issues" and the final rule is economically significant within the context of Executive Order 12866 and is a "major rule" under section 804 for the Small Business Regulatory Enforcement Fairness Act.

Risks: This action does not affect the public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 03/18/2011 76 FR 15130

NPRM Comment Period End 05/17/2011

Final Rule 02/21/2012 77 FR 10038

Final Rule Effective 04/23/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No
Energy Affected: No Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB60

View Related Documents

Title: Senior Community Service Employment Program; Additional Indicator on Volunteer Work

Abstract: The Older Americans Act Amendments of 2006 (Pub. L. 109-365), enacted on October 17, 2006, contains provisions amending title V of that Act, which authorizes the Senior Community Service Employment Program (SCSEP). The Amendments, effective July 1, 2007, make substantial changes to the SCSEP provisions in the Older Americans Act relating to performance accountability. Under the authority provided in section 513(b)(2)(C), which allows additional indicators to be promulgated where the Secretary deems such indicators appropriate to evaluate services and performance, the Department added an additional performance indicator for volunteer work after being in the SCSEP.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 641 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 40 USC 3056 et seq
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:Action Date FR Cite

NPRM 11/23/2010 75 FR 71514

NPRM Comment Period End 01/24/2011

Final Action 01/31/2012 77 FR 4654

Final Action Effective 03/01/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Amanda Ahistrand Acting Administrator, Office of Workforce Investment Department of Labor Employment and Training Administration 200 Constitution Avenue NW., FP Building, Room C4526, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3980

E-Mail: ahistrand.amanda@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB61

View Related Documents

Title: Wage Methodology for the Temporary Nonagricultural Employment H-2B Program

Abstract: The Immigration and Nationality Act, as amended, requires the Department of Homeland Security, before the approval of H-2B visa petitions to consult with other agencies. DHS' regulation at 8 CFR 214.2(h)(6) requires that an intending employer first apply for a temporary labor certification from the Department of Labor. Specifically, DOL certifies that there is not sufficient U.S. worker(s) able, available, willing and qualified at the time of an application for a visa, and that the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. In order to ensure that there is no adverse effect, the Department requires employers to pay the prevailing wage to H-2B workers and U.S. workers hired in response to the required recruitment. The prevailing wage calculation methodology under the current H-2B regulation became the subject of litigation, and as a result, on January 19, 2011, DOL published a Final Rule (the Wage Rule) which established a new prevailing wage methodology for the H-2B labor certification program. The Wage Rule had an effective date of January 1, 2012, which was invalidated by the U.S. District Court for the Eastern District of Pennsylvania on June 15, 2011. The Department initially amended the effective date of the Wage Final Rule to September 30, 2011 but, due to a subsequent series of judicial and legislative actions, most recently amended the effective date of the Wage Final Rule to October 1, 2012.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 214.2(h)(6); 20 CFR 655.10 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B); 8 USC 1184(c)
Legal Deadline: The U.S. District Court in the Eastern District of Pennsylvania ordered the Department to promulgate a new rule on the calculation of the prevailing wage no later than January 18, 2011. On June 15, 2011, the court issued a subsequent ruling in the CATA litigation that invalidated the January 1, 2012, effective date and ordered the Department to announce a new effective date for the rule within 45 days from June 15, 2011.

Action Source Description Date

Other Judicial 01/18/2011

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/05/2010 75 FR 61578

NPRM Extension of Comment Period 11/03/2010 75 FR 67662

NPRM Comment Period End 11/04/2010

NPRM Extension of Comment Period End 11/12/2010

Final Rule 01/19/2011 76 FR 3452Final Rule-Delay of Effective Date 01/29/2011 76 FR 73508

NPRM 06/28/2011 76 FR 37686

NPRM Comment Period End 07/08/2011

Final Action 08/01/2011 76 FR 45667
Notice of Postponement of Effective Date 09/28/2011 76 FR 59896

Final Action Effective 09/30/2011 76 FR 45667

Guidance 09/30/2011 76 FR 60720

Guidance Effective 09/30/2011

Guidance 11/29/2011 76 FR 73509
Final Rule-Delay of Effective Date 12/30/2011

Guidance 12/30/2011 76 FR 82116

Guidance Effective 12/30/2011

Final Rule Effective 10/01/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB20

View Related Documents

Title: Pension Benefit Statements

Abstract: Section 508 of the Pension Protection Act of 2006 (PPA) amended section 105 of the Employee Retirement Income Security Act (ERISA) to require plans that are subject to ERISA to automatically provide participants and certain beneficiaries with individual pension benefit statements. Generally, defined benefit plans must provide the statement every three years, with an annual alternative. Individual account plans that permit participant direction must provide the statement quarterly and individual account plans that do not permit participant direction must provide the statement annually. As part of this initiative, the Department will explore whether, and how, an individual benefit statement should and could present a participant's accrued benefits in a defined contribution plan (i.e., the individual's account balance) as a lifetime income stream of payments in addition to presenting the benefits as an account balance.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2520 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1025; ERISA sec 105; PL 109-280, sec 508, Pension Protection Act of 2006; 29 USC 1135; ERISA

sec 505 Legal Deadline:

Action Source Description Date

Other Statutory 08/18/2007

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 12/00/2012Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Suzanne Adelman Senior Pension Law Specialist Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB32

View Related Documents

Title: Definition of "Fiduciary"

Abstract: This rulemaking would amend the regulatory definition of the term "fiduciary" set forth at 29 CFR 2510.3-21 (c) to more broadly define as employee benefit plan fiduciaries persons who render investment advice to plans for a fee within the meaning of section 3(21) of the Employee Retirement Security Act (ERISA). The amendment would take into account current practices of investment advisers and the expectations of plan officials and participants who receive investment advice.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-21(c) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1002; ERISA sec 3(21); 29 USC 1135; ERISA sec 505
Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking is needed to bring the definition of "fiduciary" into line with investment advice practices and to recast the current regulation to better reflect relationships between investment advisers and their employee benefit plan clients. The current regulation may inappropriately limit the types of investment advice relationships that should give rise to fiduciary duties on the part of the investment adviser.

Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and appropriate to carry out the provisions of title I of the Act. Regulation 29 CFR 2510.3-21(c) defines the term fiduciary for certain purposes under section 3(21) of ERISA.

Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance needed by the public.

Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate, following a determination regarding the alternatives to be considered.

Risks:

Timetable:

Action Date FR Cite

NPRM 10/22/2010 75 FR 65263

NPRM Comment Period End 01/20/2011

Second NPRM 07/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., Room N-5655, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB38

View Related Documents

Title: Target Date Disclosure

Abstract: This rulemaking will amend the Department's qualified default investment alternative regulation (29 CFR 2550.404c5), which provides relief from certain fiduciary responsibilities for fiduciaries of participant-directed individual account plans who, in the absence of directions from a participant, invest the participant's account in a qualified default investment alternative. This amendment will provide more specificity to fiduciaries as to the investment information that must be disclosed in the required notice to participants and beneficiaries. This amendment also will enhance the information that must be disclosed concerning target date, or similar age-based, qualified default investment alternatives. The Department recently published in the Federal Register, at section 2550.404a-5 (75 FR 64910, Oct. 20, 2010), a final regulation that requires the disclosure of certain plan and investment-related information, including fee and expense information, to participants and beneficiaries in participant-directedindividual account plans (the participant-level disclosure regulation). The proposed rulemaking also will amend the participantlevel disclosure regulation to require the disclosure of the same information concerning target date or similar investments to all participants and beneficiaries in participant-directed individual account plans.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2550.404c-5 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1104
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/30/2010 75 FR 73987

NPRM Comment Period End 01/14/2011
Reopening Comment Period 05/24/2012 77 FR 30928

Comment Period Ends 07/09/2012
Analyze Comments 01/00/2013

Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7219

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB44

View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient
Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of the Employee Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These regulations provide guidance on the rules relating to coverage of preventive services without cost sharing under the Affordable Care Act. As mentioned in previous requests, RIN 1210-AB41 was split into additionalRINs due to the breadth of issues covered, and this is the fourth request in a series relating to the Affordable Care Act.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 07/19/2010 75 FR 41726

Interim Final Rule Comment Period End 09/17/2010

Interim Final Rule Effective 09/17/2010

Interim Final Rule Amendment Effective 08/01/2011

Interim Final Rule--Amendment 08/03/2011 76 FR 46621

Interim Final Rule Amendment Comment Period End 09/30/2011

Final Rule 02/15/2012 77 FR 8725

ANPRM 03/21/2012 77 FR 16501

Final Rule Effective 04/16/2012

ANPRM Comment Period End 06/19/2012

NPRM 12/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Related Agencies: Joint : HHS; Joint : IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB47

View Related Documents

Title: Amendment of Abandoned Plan Program

Abstract: On April 21, 2006, the Department published a package of regulations, collectively entitled Termination of Abandoned Individual Account Plans, which facilitate the termination of, and distribution of benefits from, individual account pension plans that have been abandoned by their sponsoring employers. See 71 FR 20820. This rulemaking will examine whether, and how, to amend those regulations by expanding the scope of individuals entitled to be a "qualified termination administrator" (QTA). Under the Termination of Abandoned Individual Account Plans regulations, only a QTA is authorized to determine whether an individual account plan is abandoned and to carry out related activities necessary to the termination and winding up of the plan's affairs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1135; ERISA sec 505
Legal Deadline: NoneRegulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/12/2012 77 FR 74063

NPRM Comment Period End 02/11/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., Room N-5655, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB53

View Related Documents

Title: Guide or Similar Requirement for Section 408(b)(2) Disclosures

Abstract: Paragraph (c) of 29 CFR 2550.408b-2 requires covered service providers to make certain disclosures to responsible plan fiduciaries in order for contracts or arrangements between the parties to be considered reasonable under section 408(b)(2) of the Retirement Income Security Act (ERISA). This rulemaking would amend the disclosure provisions in paragraph (c) so that covered service providers may be required to furnish a guide or similar tool along with such disclosures. A guide or similar requirement may assist fiduciaries, especially fiduciaries to small and medium-sized plans, in identifying and understanding the potentially complex disclosure documents that are provided to them or if disclosures are located in multiple documents.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.408b-2(c) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1108(b)(2); 29 USC 1135
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Split From 1210-AB08
Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of LaborEmployee Benefits Security Administration 200 Constitution Avenue NW., Room N-5655, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB55

View Related Documents

Title: Incentives for Nondiscriminatory Wellness Programs in Group Health Plans

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of ERISA, by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These regulations provide guidance on wellness programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/26/2012 77 FR 70619

NPRM Comment Period End 01/25/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Related Agencies: Joint : OCIIO; Joint : IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB18

View Related Documents

Title: Annual Funding Notice

Abstract: This rulemaking implements the requirement of section 501 of the Pension Protection Act of 2006 (PPA), which amended section 101(f) of the Employee Retirement Income Security Act (ERISA) to require the administrator of a defined benefit pension plan to provide participants, beneficiaries, and other parties with an annual funding notice, and also implements the requirements of section 503(c) of the PPA that amended section 104(b)(3) of ERISA regarding summary annual reports for defined benefit plans.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2520; 29 CFR 2520.104-46; 29 CFR 2520.104b-10 (To search for a specific CFR, visit the Code ofFederal Regulations )
Legal Authority: 29 USC 1021(f); ERISA sec 101(f); PL 109-280, sec 501, Pension Protection Act of 2006; 29 USC 1021(b); ERISA sec 104(b)(3); PL 109-280, sec 503, Pension Protection Act of 2006; 29 USC 1135; ERISA sec 505
Legal Deadline:

Action Source Description Date

Other Statutory 08/18/2007

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/18/2010 75 FR 70625

NPRM Comment Period End 01/18/2011

Final Rule 10/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Stephanie Ward-Cibinic Senior Pension Law Specialist Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7921

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB30

View Related Documents

Title: Mental Health Parity and Addiction Equity Act

Abstract: Pursuant to ERISA section 712, as amended by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (Pub. L. 110-343) enacted on October 8, 2008, the Department is developing regulatory guidance.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1185a
Legal Deadline:

Action Source Description Date

Other Statutory as per MHPAEA section 512(d) 10/08/2009

Regulatory Plan:

Statement of Need: In response to a Request for Information in April 2008, over 400 comment letters were received raising questions regarding compliance with the Federal parity provisions. This regulation is needed to provide clarifications to participants, beneficiaries, health care providers, employment-based health plans, health insurance issuers, third-party administrators, brokers, underwriters, and other plan service providers regarding such provisions.

Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and appropriate to carry out the provisions of title I of the Act. Section 734 of ERISA provides that the Secretary may prescribe regulations necessary or appropriate to carry out the provisions of ERISA part 7. MHPAEA created new federal parity provisions in ERISA section 712 and provides, in section 512(d), that the Secretary shall issue regulations to carry out the provisions of

MHPAEA.Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance needed by the public.

Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate, following a determination regarding the alternatives to be considered.

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined
Request for Information 04/28/2009 74 FR 19155
Request for Information Comment Period End 05/28/2009

Interim Final Rule 02/02/2010 75 FR 5410

Interim Final Rule Effective 04/05/2010

Interim Final Rule Comment Period End 05/03/2010

Additional Information: On February 2, 2010, the Departments of Labor, Health and Human Services, and the Treasury published a joint interim final rule implementing MHPAEA.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Related to 0938-AP65; Related to 1545-BJ05 Related Agencies: Joint: CMS; Joint: IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB37

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Title: Improved Fee Disclosure for Welfare Plans

Abstract: This rulemaking will amend the regulation setting forth the standards applicable to the exemption under the Employee Retirement Income Security Act (ERISA) section 408(b)(2) for contracting or making reasonable arrangements with a party in interest for office space or services (29 CFR 2550.408b-2). This amendment will ensure that plan fiduciaries of welfare plans are provided or have access to that information necessary to a determination of whether an arrangement for services is "reasonable" within the meaning of the statutory exemption. This amendment is being promulgated separately from another amendment to section 408(b)(2) that applies to pension plans.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.408b-2 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1108
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action UndeterminedRegulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., Room N-5655, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB39

View Related Documents

Title: Amendment to Claims Procedure Regulation

Abstract: Section 503 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. section 1133, provides that, in accordance with regulations promulgated by the Secretary of Labor, each employee benefit plan must provide "adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied." The notice must set forth the specific reasons for the denial and must be written in a manner calculated to be understood by the claimant. Each plan must also afford "a reasonable opportunity" for any participant or beneficiary whose claim has been denied to obtain "full and fair review" of the denial by the "appropriate named fiduciary of the plan." The Department has issued a regulation pursuant to the above authority that establishes the minimum requirements for benefit claims procedures of employee benefit plans covered by title 1 of ERISA. See 29 CFR section 2560.503-1. This rulemaking is intended to strengthen, improve, and update the current rules governing the internal claims and appeals process.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2550.503-1 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1135; ERISA sec 505; 29 USC 1133
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7219

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB41

View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under thePatient Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (PPACA) amended title I of the Employee Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act (PHS Act). These regulations provide guidance on the extension of dependent coverage for children to age 26 under PHS Act 2714. As mentioned in the previous request, RIN 1210-AB41 was split into additional RINs due to the breadth

of issues covered.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 05/13/2010 75 FR 27121

Interim Final Rule Effective 07/12/2010

Interim Final Rule Comment Period End 08/11/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Related Agencies: Joint : CMS; Joint : IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB42

View Related Documents

Title: Group Health Plans and Health Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient
Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of the Employee Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These regulations provide guidance on the rules for maintaining grandfathered health plan status under section 1251 of the Affordable Care Act. As mentioned in the previous request, RIN 1210-AB41 was split into additional

RINs due to the breadth of issues covered.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 06/17/2010 75 FR 34538

Interim Final Rule Comment Period End 08/16/2010

Interim Final Rule Effective -- Amendment 11/15/2010

Interim Final Rule--Amendment 11/17/2010 75 FR 70114

Interim Final Rule Comment Period End--Amendment 12/17/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB43

View Related Documents

Title: Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions and Patient Protections Under the Affordable
Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of the Employee Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act (PHS Act). These regulations provide guidance on the rules prohibiting preexisting condition exclusions and other discrimination based on health status (PHS Act section 2704); prohibition of lifetime and annual income limits (PHS section 2711); the prohibition of rescissions of health coverage after coverage begins (PHS Act section 2712); prohibition on discrimination in favor of highly compensated individuals (PHS section 2716); and patient protections (PHS Act section 2719A). As mentioned in the previous request, RIN 1210-AB41 was split into additional RINS due to the breadth of issues covered, and this is the third request in a series relating to the Affordable Care Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 06/28/2010 75 FR 37188

Interim Final Rule Comment Period End 08/27/2010

Interim Final Rule Effective 08/27/2010Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Related Agencies: Joint : HHS; Joint : IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB45

View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to Internal and External Appeals Processes Under the Patient
Protection and Affordable Care Act

Abstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of the Employee Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These regulations provide guidance on the rules relating to internal and external appeals processes under the Affordable Care Act. As mentioned in previous requests, RIN 1210-AB41 was split into additional RINs due to the breadth of issues covered, and this is the fifth request in a series relating to the Affordable Care Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 07/23/2010 75 FR 43330

Interim Final Rule Comment Period End 09/21/2010

Interim Final Rule Effective 09/21/2010

Interim Final Rule--Amendment 06/24/2011 76 FR 37208

Interim Final Rule Amendment Effective 07/22/2011

Interim Final Rule Amendment Comment Period End 07/25/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Related Agencies: Joint : OCIIO; Joint : IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB46

View Related Documents

Title: Automatic Enrollment in Health Plans of Employees of Large Employers Under FLSA Section 18A

Abstract: This rulemaking implements section 1511 of the Patient Protection and Affordable Care Act of 2010, which added section 18A to the Fair Labor Standards Act to require employers who have more than 200 full-time employees and who offer enrollment in one or more health benefits plans to automatically enroll new full-time employees in one of the plans offered and to continue enrollment of current employees.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 218A; FLSA sec 18A; PL 111-148, sec 1511, Patient Protection and Affordable Care Act of 2010
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: Undetermined Agency Contact: Janet Walters
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB48

View Related Documents

Title: Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521

Abstract: Section 521 of the Employee Retirement Income Security Act (ERISA) enacted under section 6605 of the Affordable Care Act (Pub. L. 111-148, 124 Stat. 780), authorizes the Secretary of Labor to issue a cease and desist order if it appears that a multiple employer welfare arrangement (MEWA) is fraudulent, creates an immediate danger to public safety or welfare, or can be reasonably expected to cause significant, imminent, and irreparable public injury. This section also authorizes the Secretary to issue a summary seizure order if it appears that a MEWA is in a financially hazardous condition. Regulatory guidance will provide standards for the issuance of such orders.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1151; 29 USC 1135
Legal Deadline: None

Regulatory Plan:

Statement of Need:Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 12/06/2011 76 FR 76235

NPRM Comment Period End 03/05/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No
Energy Affected: No Agency Contact: Stephanie Lewis Attorney Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-411, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-5588

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB51

View Related Documents

Title: Filings Required of Multiple Employer Welfare Arrangements and Certain Other Entities That Offer or Provide Coverage for Medical Care to the Employees of Two or More Employers

Abstract: This is a proposed rule under title I of the Employee Retirement Income Security Act (ERISA) that, upon adoption, would implement reporting requirements for multiple employer welfare arrangements (MEWAs) and certain other entities that offer or provide health benefits for employees of two or more employers. The proposal amends existing reporting rules to incorporate new requirements enacted as part of the Patient Protection and Affordable Care Act (Affordable Care Act) and to more clearly address the reporting obligations of MEWAs that are ERISA plans.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: Private Sector

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: sec 6606 of the Patient Protection and Affordable Care Act; PL 111-148; 124 Stat 119 (2010)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 12/06/2011 76 FR 76222

NPRM Comment Period End 03/05/2012

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: Yes
Energy Affected: No Agency Contact: Amy J. TurnerSenior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB08

View Related Documents

Title: Improved Fee Disclosure for Pension Plans

Abstract: This rulemaking will amend the regulation setting forth the standards applicable to the exemption under the Employee Retirement Income Security Act (ERISA) section 408(b)(2) for contracting or making reasonable arrangements with a party in interest for office space or services (29 CFR 2550.408b-2). This amendment will ensure that plan fiduciaries are provided or have access to that information necessary to a determination of whether an arrangement for services is "reasonable" within the meaning of the statutory exemption.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action
Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1108(b)(2); 29 USC 1135
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/13/2007 72 FR 70988

NPRM Comment Period End 02/11/2008

Interim Final Rule 07/16/2010 75 FR 41600

Interim Final Rule Comment Period End 08/30/2010

Final Action 02/03/2012 77 FR 5632

Final Action Effective 07/01/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Kristen Zarenko Senior Pension Law Specialist Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB52

View Related Documents

Title: Group Health Plans and Health Insurance Issuers Relating to the Summary of Benefits and Coverage and the Uniform Glossary Required Under the Affordable Care ActAbstract: The Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act) amended title I of the Employee Retirement Income Security Act (ERISA), by adding a new section 715 which encompasses various health reform provisions of the Public Health Service Act. These regulations provide guidance on the rules relating to provision of the Summary of Benefits and Coverage and the Uniform Glossary for group health plans and health insurance coverage in the group and individual markets under the Patient Protection and Affordable Care Act. As mentioned in previous requests, RIN 1210-AB41 was split into additional RINs due to the breadth of issues covered, and this is the sixth request in a series relating to the Affordable Care

Act.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 2590.715-2715 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PHS Act section 2715 (incorporated into ERISA section 715); ERISA section 734
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 08/22/2011 76 FR 52442

NPRM Comment Period End 10/21/2011

Notice 02/14/2012 77 FR 8706

Final Rule 02/14/2012 77 FR 8668

Final Action Effective 04/16/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Federalism: Yes
Energy Affected: Undetermined
Related Agencies: Joint : OCIIO; Joint : IRS
Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5653, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB54

View Related Documents

Title: Reasonable Contract or Arrangement Under Section 408(b)(2) -- Fee Disclosure/Web Portal

Abstract: On February 3, 2012, the Department published a final rule under section 408(b)(2) of the Employee RetirementIncome Security Act (ERISA). This rulemaking action would amend paragraph (c)(1)(ix)(F) of the final rule to facilitate webbased submissions of notices described in paragraph (c)(1)(ix)(C) of the final rule.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2550.408(b)-2(c) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1108(b)(2); 29 USC 1135
Legal Deadline: None

Regulatory Plan:

Statement of Need:Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/16/2012 77 FR 41716

Direct Final Rule 07/16/2012 77 FR 41678

NPRM Comment Period End 08/15/2012

Direct Final Rule Effective 09/14/2012 77 FR 41678

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Jeffrey J. Turner Deputy Director, Office of Regulations and Interpretations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., FP Building, Room N-5655, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7219

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC41

View Related Documents

Title: Combustible Dust

Abstract: 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) March 11, 2008. 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.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule
Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subpart H (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 6559(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 10/21/2009 74 FR 54333
Stakeholder Meetings 12/14/2009

ANPRM Comment Period End 01/19/2010
Stakeholder Meetings 02/17/2010
Stakeholders Meetings 03/09/2010 75 FR 10739Initiate SBREFA 10/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC46

View Related Documents

Title: Infectious Diseases

Abstract: Employees in health care and other high-risk environments face long-standing infectious diseases 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, 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.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669; 29 USC 673; ...
Legal Deadline: None

Regulatory Plan:

Statement of Need: In 2007, the healthcare and social assistance sector as a whole had 16.5 million employees. Healthcare workplaces can range from small private practices of physicians to hospitals that employ thousands of workers. In addition, healthcare is increasingly being provided in other settings such as nursing homes, free-standing surgical and outpatient centers, emergency care clinics, patients' homes, and prehospitalization emergency care settings. The Agency is particularly concerned by studies that indicate that transmission of infectious diseases to both patients and healthcare workers may be occurring as a result of incomplete adherence to recognized, but voluntary, infection control measures. Another concern is the movement of healthcare delivery from the traditional hospital setting, with its greater infrastructure and resources to effectively implement infection control measures, into more diverse and smaller workplace setting with less infrastructure and fewer resources, but with an expanding worker population.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite
Request for Information (RFI) 05/06/2010 75 FR 24835

RFI Comment Period End 08/04/2010
Analyze Comments 12/30/2010Stakeholder Meetings 07/29/2011

Initiate SBREFA 04/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC48

View Related Documents

Title: Injury and Illness Prevention Program

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.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 653; 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need: There are over 4,500 workplace fatalities and approximately 4.1 million serious workplace injuries every year. There are also many workplace illnesses caused by exposure to common chemical, physical, and biological agents. OSHA believes that an injury and illness prevention program is a universal intervention that can be used in a wide spectrum of workplaces to dramatically reduce the number and severity of workplace injuries. Such programs have been shown to be effective in many workplaces in the United States and internationally.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651).

Alternatives: The alternatives to this rulemaking would be to issue guidance, recognition programs, or allow for the States to develop individual regulations. OSHA has used voluntary approaches to address the need, including publishing Safety and Health Program Management Guidelines in 1989. In addition, OSHA has two recognition programs, the Voluntary Protection Program (known as VPP), and the Safety and Health Achievement Recognition Program (known as SHARP). These programs recognize workplaces with effective safety and health programs. Several States have issued regulations that require employers to establish effective safety and health programs.

Costs and Benefits: The scope of the proposed rulemaking and the costs and benefits are still under development for this regulatory action.

Risks: A detailed risk analysis is underway.

Timetable:

Action Date FR Cite
Stakeholder Meetings 06/03/2010

Initiate SBREFA 01/06/2012
Complete SBREFA 01/00/2013

NPRM 12/00/2013Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC51

View Related Documents

Title: Reinforced Concrete in Construction and Preventing Backover Injuries and Fatalities

Abstract: OSHA is requesting information on employee safety risks in two areas, reinforcing operations in concrete work (construction only) and fatal backovers by vehicles and equipment (all industries). Current rules regarding reinforcing steel and post-tensioning activities may not adequately address worker hazards in work related to post-tensioning and reinforcing steel. Both are techniques for reinforcing concrete and are generally used in many types of construction. OSHA currently has few rules which address the steel reinforcing and post-tensioning activities directly. The few rules that do exist are found in subpart Q - Concrete and Masonry Construction of 29 CFR 1926. OSHA IMIS data indicates that 33 workers died while performing work on or near post-tensioning operations or reinforcing steel between 2000 and 2009. The use of reinforced steel and post-tensioned poured in place concrete in commercial and industrial construction is expected to rise. Without adequate standards, the number of incidents may rise as well. Currently, workers performing steel reinforcing suffer injuries caused by unsafe material handling,structural collapse, and impalement by protruding reinforcing steel dowels, among other causes. Employees involved in posttensioning activities are at risk for incidents caused by the misuse of post-tensioning equipment and improper training. Injuriesand fatalities caused by backing incidents are also of concern. Backing vehicles and equipment are common causes of struckby injuries and can also cause caught between injuries when backing vehicles and equipment pin a worker against something else. NIOSH reports that 51% of worker on foot fatalities that occurred within a highway work zone involved backing vehicles. Emerging technologies in the field of backing operations may prevent incidents. These technologies include cameras and proximity detection systems. The use of spotters and internal traffic control plans can also make backing operations safer. Struck-by injuries and caught between injuries are two of the four leading causes of workplace fatalities. OSHA IMIS data indicates that, between 2005 and 2010, over 350 workers have died as a result of backing incidents. While backing incidents can prove fatal, workers can suffer severe, non-fatal injuries as well. A review of OSHA's IMIS database found that backing incidents can result in serious injury to the back and pelvis, fractured bones, concussions, amputations, and other injuries. OSHA believes that it is necessary to request information from those involved in the reinforcing concrete industry, backing operations, and the general public to better understand how to prevent these incidents.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Request for Information 03/29/2012 77 FR 18973

Comment Period End 07/27/2012
Analyze Comments 02/00/2013Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No
Energy Affected: No 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 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC74

View Related Documents

Title: Review/Lookback of OSHA Chemical Standards

Abstract: The majority of OSHA's Permissible Exposure Limits (PELs) were adopted in 1971, under section 6(a) of the OSH Act and only a few have been successfully updated since that time. There is widespread agreement among industry, labor, and professional occupational safety and health organizations that OSHA's PELs are outdated and need revising in order to take into account newer scientific data that indicates that significant occupational health risks exist at levels below OSHA's current PELs. In 1989, OSHA issued a final standard that lowered PELS for over 200 chemicals and added PELS for 164. However, the final rule was challenged and ultimately vacated by the 11th Circuit Court of Appeals in 1991 citing deficiencies in OSHA's analyses. Since that time OSHA has made attempts to examine its outdated PELs in light of the court's 1991 decision. Most recently, OSHA sought input through a stakeholder meeting and web forum to discuss various approaches that might be used to address its outdated PELs. As part of the Department's Regulatory Review and Lookback Efforts, OSHA is developing a Request for Information (RFI) seeking input from the public to help the Agency identify effective ways to address occupational exposure to

chemicals.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Request for Information 05/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.govDepartment of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB70

View Related Documents

Title: Occupational Exposure to Crystalline Silica

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 50μg/m3 and 25μg/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.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need: Workers are exposed to crystalline silica dust in general industry, construction, and maritime industries. Industries that could be particularly affected by a standard for crystalline silica include: Foundries, industries that have abrasive blasting operations, paint manufacture, glass and concrete product manufacture, brick making, china and pottery manufacture, manufacture of plumbing fixtures, and many construction activities including highway repair, masonry, concrete work, rock drilling, and tuckpointing. The seriousness of the health hazards associated with silica exposure is demonstrated by the fatalities and disabling illnesses that continue to occur. From 2004 to 2008 silicosis was identified on 721 death certificates as an underlying or contributing cause of death. It is likely that many more cases have occurred where silicosis went undetected. In addition, the International Agency for Research on Cancer has designated crystalline silica as carcinogenic to humans, and the National Toxicology Program has concluded that respirable crystalline silica is a known human carcinogen. Exposure to crystalline silica has also been associated with an increased risk of developing tuberculosis and other nonmalignant respiratory diseases, as well as renal and autoimmune diseases. Exposure studies and OSHA enforcement data indicate that some workers continue to be exposed to levels of crystalline silica far in excess of current exposure limits. Congress has included compensation of silicosis victims on Federal nuclear testing sites in the Energy Employees' Occupational Illness Compensation Program Act of 2000. There is a particular need for the Agency to modernize its exposure limits for construction and shipyard workers, and to address some specific issues that will need to be resolved to propose a comprehensive standard.

Legal Basis: The legal basis for the proposed rule is a preliminary determination that workers are exposed to a significant risk of silicosis and other serious disease and that rulemaking is needed to substantially reduce the risk. In addition, the proposed rule will recognize that the PELs for construction and maritime are outdated and need to be revised to reflect current sampling and analytical technologies.

Alternatives: Over the past several years, the Agency has attempted to address this problem through a variety of nonregulatory approaches, including initiation of a Special Emphasis Program on silica in October 1997, sponsorship with NIOSH and MSHA of the National Conference to Eliminate Silicosis, and dissemination of guidance information on its Web site.

Costs and Benefits: The scope of the proposed rulemaking and estimates of the costs and benefits are still under development.

Risks: A detailed risk analysis is under way.

Timetable:

Action Date FR Cite
Completed SBREFA Report 12/19/2003

Initiated Peer Review of Health Effects and Risk Assessment 05/22/2009
Completed Peer Review 01/24/2010

NPRM 05/00/2013

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: Yes
Energy Affected: NoAgency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB76

View Related Documents

Title: Occupational Exposure to Beryllium

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard 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.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Request for Information 11/26/2002 67 FR 70707
Request For Information Comment Period End 02/24/2003
SBREFA Report Completed 01/23/2008

Initiated Peer Review of Health Effects and Risk Assessment 03/22/2010
Complete Peer Review 11/19/2010

NPRM 07/00/2013

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.govDepartment of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC34

View Related Documents

Title: Bloodborne Pathogens

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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1030 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 533; 5 USC 610; 29 USC 655(b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Begin Review 10/22/2009
Request for Comments Published 05/14/2010 75 FR 27237

Comment Period End 08/12/2010
End Review and Issue Findings 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Diana Cortez Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, Room N-3641, FP Buildiing, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2400

FAX: 202 693-1641

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC49

View Related Documents

Title: Improve Tracking of Workplace Injuries and Illnesses

Abstract: OSHA is proposing changes to its reporting system for occupational injuries and illnesses. An updated and modernized reporting system would enable a more efficient and timely collection of data and would improve the accuracy and availability of the relevant records and statistics. This proposal involves modification to 29 CFR part 1904.41 to expand OSHA's legal authority to collect and make available injury and illness information required under part 1904.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 657
Legal Deadline: NoneRegulatory Plan:

Statement of Need: The collection of establishment specific injury and illness data in electronic format on a timely basis is needed to help OSHA, employers, employees, researchers, and the public more effectively prevent workplace injuries and illnesses, as well as support President Obama's Open Government Initiative to increase the ability of the public to easily find, download, and use the resulting dataset generated and held by the Federal Government.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics (29 U.S.C. 673).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite
Stakeholder Meetings 05/25/2010 75 FR 24505

Comment Period End 06/18/2010

NPRM 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Diana Cortez Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, Room N-3641, FP Buildiing, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2400

FAX: 202 693-1641

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC61

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Title: Revising the Underground Construction and Demolition Standards To Make the Cranes and Derricks in Construction Rule Applicable to Those Activities

Abstract: This direct final rule will clarify and simplify OSHA's standards applicable to cranes and derricks in construction by establishing a single set of standards for all construction activities involving cranes and derricks. On August 9, 2010, OSHA issued a Final Rule for Cranes and Derricks in Construction (75 FR 47096), that was originally intended to apply to all crane and derrick use in construction. Rulemaking findings, including the economic analysis, were developed to address all construction work. However, two subsectors of construction work, demolition and underground construction, were exempted from coverage under the new standard, in an effort to ensure that employers involved in those types of work were given sufficient notice to comply with the new rule. These subsectors currently remain covered under the previous rule governing crane and derrick use in construction. This direct final rule will, therefore, apply the new cranes and derricks rule to both demolition and underground construction work, bringing those subsectors current with the rest of the construction industry. It should be noted that a proposed rule accompanies this direct final rule. Should OSHA receive significant adverse comment on this direct final rule, it will withdraw the direct final rule and proceed with the accompanying proposed rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:Risks:

Timetable:

Action Date FR Cite

NPRM 08/17/2012 77 FR 49741

Direct Final Rule 08/17/2012 77 FR 49722

NPRM Comment Period End 09/17/2012

Direct Final Rule Effective 11/15/2012

NPRM 03/00/2013

Final Rule 03/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No 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 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC67

View Related Documents

Title: Standards Improvement Project IV

Abstract: OSHA's Standards Improvement Projects (SIPs) are intended to remove or revise duplicative, unnecessary, and inconsistent safety and health standards. The Agency has published three earlier final standards to remove unnecessary provisions, thus reducing costs or paperwork burden on affected employers. Standards Improvement Project Phase I was published in the Federal Register on June 18, 1998 (63 FR 33450); SIPs Phase 2 was published on January 5, 2005 (70 FR 1111); and SIPs Phase III was published June 8, 2011 (76 FR 33590). The Agency believes that these standards have reduced the compliance costs and eliminated or reduced the paperwork burden for a number of its standards. The Agency only considers such changes to its standards so long as they do not diminish employee protections. The Agency is initiating a fourth rulemaking effort to identify unnecessary or duplicative provisions or paperwork requirements that is limited solely to its
construction standards in 29 CFR 1926.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/06/2012 77 FR 72781

NPRM Comment Period End 02/04/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Jim MadduxDirector, Directorate of Construction, Department of Labor Occupational Safety and Health Administration Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC75

View Related Documents

Title: Cranes and Derricks in Construction: Revision to Digger Derricks' Requirements

Abstract: OSHA published its final Cranes and Derricks in Construction Standard in August 2010. Edison Electric Institute (EEI) filed a petition for review challenging several aspects of the standard, including the scope of the exemption for digger derricks. As part of the settlement agreement with EEI, the Agency agreed to publish a direct final rule expanding the scope of a partial exemption for work by digger derricks. The Agency in the direct final rule will revise the scope provision on digger derricks as an exemption for all work done by digger derricks covered by subpart V of 29 CFR 1926.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655 (b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/09/2012 77 FR 67313

Direct Final Rule 11/09/2012 77 FR 67270

NPRM Comment Period End 12/10/2012

Final Action 02/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No
Energy Affected: No

Public Comment URL: regulations.gov 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 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC76

View Related DocumentsTitle: Approved State Plans for Occupational Safety and Health

Abstract: OSHA will propose a revision to each State's subpart under 29 CFR section 1952 and 29 CFR section 1956 to scale back the detailed descriptions of OSHA-approved state plans, including the jurisdictional explanation, purely historical data, and other unnecessary information that may be subject to change. The purpose of this revision is to eliminate the requirement to engage in the arduous rulemaking process in order to make changes to a state plan's jurisdiction or other descriptive language.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1952; 29 CFR 1956 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 667
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Douglas J. Kalinowski Director, Directorate of Cooperative and State Programs Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW, Room N-3700, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2200

FAX: 202 693-1671

E-Mail: kalinowski.doug@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC77

View Related Documents

Title: Consensus Standard Update--Signage

Abstract: OSHA has an ongoing effort to update references to consensus standards published by standards-developing organizations (SDOs) throughout its rules. The goal of these rulemaking updates is to improve workplace safety and health by ensuring that consensus standards referenced in OSHA regulations reflect current industry practice and state-of-the-art technology. 29 CFR 1910.6 incorporates by reference the 1967 version of ANSI Z53.1, Safety Code for Marking Physical Hazards and the Identification of Certain Equipment, and the 1968 version of ANSI Z53.1, Specification for Accident Prevention Signs. Three OSHA standards (1910.97, Nonionizing radiation; 1910.145, Specifications for accident prevention signs and tags; 1910.261, Pulp, paper, and paper-board mills) refer to these consensus standards. Most employers continue to use signs meeting the consensus standards currently referenced in the OSHA standards. The older signs not only have a long life; the employers do not want to use "newer" versions and be subject to a "de minimus" citation. Preliminary review indicates that signs meeting the latest edition of the consensus standard would advance workplace safety over and above the currently required signs. Signs meeting the latest edition use the same color code and wording as ones meeting the older consensus standard, but also provide much more guidance as to the nature of the hazard, the consequences of the hazard, how to avoid the hazard, and the seriousness level of the hazard. Signs meeting the latest edition also are supported by human factors research on effective warning, and are supported by modern risk assessment methodologies for reducing risk. In addition, signs meeting the latest edition can use multiple language panels that could be a benefit to non-English speaking workers, and also meet the legal criteria for "adequate warnings" based on case law. OSHA proposes updating the reference to the version of the consensus standard, while grandfathering older signs that comply with the current OSHA requirements. Using the same strategy as in other consensus standard references updates, OSHA will publish a Direct Final Rule (DFR) con-currently with a Notice of Proposed Rulemaking (NPRM). If OSHA does not receive significant adverse comments on the DFR, it will confirm the effective date of the DFR and withdraw the NPRM. If OSHA does receive significant adverse comments, it will withdraw the DFR andproceed with the rule proposal process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910.6; 29 CFR 1910.97; 29 CFR 1910.145; 29 CFR 1910.261 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013

Direct Final Rule 04/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business; Governmental Jurisdictions Federalism: Undetermined Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC80

View Related Documents

Title: Revocation of Periodic Records

Abstract: As part of the Department of Labor's burden hour and cost reduction initiatives, OSHA will examine revoking requirements for employers to prepare and maintain periodic records certifying that the employer performed the required tests and inspections on machinery. The purpose of revoking these records is to minimize paperwork burdens imposed on employers. Recently, OSHA revoked requirements that employers develop and retain training records for a number of standards when the revocation did not adversely affect worker safety and health. OSHA is examining other periodic records specified in its standards to identify additional paperwork requirements that the Agency could revoke without adversely affecting worker safety

and health.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.217(e)(1) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013

Direct Final Rule 03/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB47

View Related Documents

Title: Confined Spaces in Construction

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 worksites. 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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926.36 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 40 USC 333
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
SBREFA Panel Report 11/24/2003

NPRM 11/28/2007 72 FR 67351

NPRM Comment Period End 01/28/2008

NPRM Comment Period Extended 02/28/2008 73 FR 3893
Public Hearing 07/22/2008

Close Record 10/23/2008

Final Rule 07/00/2013

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Jim Maddux Director, Directorate of Construction, Department of LaborOccupational Safety and Health Administration Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB67

View Related Documents

Title: Electric Power Transmission and Distribution; Electrical Protective Equipment

Abstract: Electrical hazards are a major cause of occupational death in the United States. The annual fatality rate for power line workers is about 50 deaths per 100,000 employees. The construction industry standard addressing the safety of these workers during the construction of electric power transmission and distribution lines is nearly 40 years old. OSHA has developed a revision of this standard that will prevent many of these fatalities, add flexibility to the standard, and update and streamline the standard. OSHA also intends to amend the corresponding standard for general industry so that requirements for work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction. In addition, OSHA will be revising a few miscellaneous general industry requirements primarily affecting electric transmission and distribution work, including provisions on electrical protective equipment and foot protection. This rulemaking also addresses fall protection in aerial lifts for work on power generation, transmission, and distribution installations. OSHA published an NPRM on June 15, 2005. A public hearing was held from March 6 through March 14, 2006. OSHA reopened the record to gather additional information on minimum approach distances for specific ranges of voltages. The record was reopened a second time to allow more time for comment and to gather information on minimum approach distances for all voltages and on the newly revised Institute of Electrical and Electronics Engineers consensus standard. Additionally, a public hearing was held on October 28, 2009.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910.136 to 1910.137; 29 CFR 1910.269; 29 CFR 1926, subpart V; 29 CFR 1926.97 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 40 USC 333
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
SBREFA Report 06/30/2003

NPRM 06/15/2005 70 FR 34821

NPRM Comment Period End 10/13/2005

Comment Period Extended to 01/11/2006 10/12/2005 70 FR 59290
Public Hearing To Be Held 03/06/2006 10/12/2005 70 FR 59290
Posthearing Comment Period End 07/14/2006

Reopen Record 10/22/2008 73 FR 62942

Comment Period End 11/21/2008

Close Record 11/21/2008
Second Reopening Record 09/14/2009 74 FR 46958

Comment Period End 10/15/2009
Public Hearings 10/28/2009
Posthearing Comment Period End 02/10/2010

Final Rule 03/00/2013

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local

Federalism: No
Energy Affected: NoAgency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB80

View Related Documents

Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. Slips, trips, and falls are among the leading causes of work-related injuries and fatalities. Since that time, new technologies and procedures have become available to protect employees from these hazards. The Agency has been working to update these rules to reflect current technology. OSHA published a notice to reopen the rulemaking for comment on May 2, 2003, because a number of issues were raised in the NPRM record. As a result of the comments received on that notice, OSHA has determined that the rule proposed in 1990 is out-of-date and does not reflect current industry practice or technology. The Agency published a second NPRM on May 24, 2010, which was modified to reflect current information as well as reassess the impact. Hearings were held on January 18 through 21, 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subparts D and I (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/10/1990 55 FR 13360

NPRM Comment Period End 08/22/1990
Hearing 09/11/1990 55 FR 29224
Reopen Record 05/02/2003 68 FR 23527

Comment Period End 07/31/2003

Second NPRM 05/24/2010 75 FR 28861

Second NPRM Comment Period End 08/23/2010
Notice of Informal Hearing 11/12/2010 75 FR 69369
Public Hearing 01/18/2011
Analyze Comments 08/26/2011

Final Rule 08/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC32

View Related Documents

Title: Cooperative Agreements

Abstract: OSHA proposes to revise its regulations for the federally funded On-site Consultation Program to: a) clarify the ability of the Assistant Secretary to define sites which would receive inspections regardless of Safety and Health Achievement Recognition Program (SHARP) exemption status; b) allow Compliance Safety and Health Officers to proceed with enforcement visits resulting from referrals at sites undergoing Consultation visits and at sites that have been awarded SHARP status; and c) limit the deletion period from OSHA's programmed inspection schedule for those employers participating in the SHARP program. Note: SHARP is a recognition program that OSHA administers to provide incentives and support for small employers to develop, implement, and continuously improve effective safety and health programs at their worksites.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1908 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 656 and 657; 29 USC 670
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/03/2010 75 FR 54064

NPRM Comment Period End 11/02/2010

Final Action 04/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No Agency Contact: Douglas J. Kalinowski Director, Directorate of Cooperative and State Programs Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW, Room N-3700, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2200

FAX: 202 693-1671

E-Mail: kalinowski.doug@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC36

View Related Documents

Title: Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act; Surface Transportation Assistance Act; and Federal Railroad Safety Act

Abstract: OSHA is publishing final procedures for the handling and investigation of retaliation complaints pursuant to section 1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007. This Act amended the Federal Railroad Safety Act (FRSA), to give OSHA responsibility for administering the whistleblower protection provision of FRSA, which provides protections from retaliation to employees working for railroad carriers and their contractors and subcontractors who report potential violations or engage in certain activities related to safety and security. OSHA is publishing procedures for the handlingand investigation of retaliation complaints pursuant to section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007. Section 1413, known as the National Transit Systems Security Act (NTSSA), included a new whistleblower protection provision to be administered by OSHA that provides protection from retaliation to employees of public transportation agencies and their contractors and subcontractors who report potential violations or engage in certain activities related to safety and security. OSHA will amend 29 CFR 1978, the procedures applicable to the handling and investigation of whistleblower complaints under the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105, to implement statutory changes enacted by Congress under section 1536 of the Implementing Recommendations of the 9/11 Commission Act of 2007, and to provide other procedural updates as needed. The statute provides retaliation protection to employees working for commercial motor carriers who report potential violations or engage in certain activities related to safety and security. Pursuant to these statutes, the rules set forth the procedures for handling and investigating retaliation complaints, including a statutory "kick-out" provision allowing the complainant to file the complaint in District Court if the Secretary of Labor has not issued a final decision within 210 days of the filing of the complaint. Immediate implementation of these regulations is necessitated to govern whistleblower investigations conducted under the new and revised statutes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1982; 29 CFR 1978 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 110-53, sec 1521, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 20109; PL 110-53, sec 1413, The Implementing Recommendations of the 9/11 Commission Act of 2007; 6 USC 1142; PL 110- 53, sec 1536, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 USC 31105
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 08/31/2010 75 FR 53522

Interim Final Rule Effective 08/31/2010

Interim Final Rule Comment Period End 11/01/2010
Surface Transportation Assistance Act of 1982 (STAA), as Amended 07/27/2012 77 FR 44121

Final Action 04/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Laura Seeman Division Chief, Field Operations, Office of the Whistleblower Protection Program Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, FP Building, Room N-3610, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2199

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC50

View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

Abstract: This rulemaking involves changes to two aspects of the OSHA recordkeeping and reporting requirements. First, OSHA is updating appendix A to subpart B of part 1904. This appendix contains a list of industries that are partially exempt from the requirements to maintain a log of occupational injuries and illnesses, generally due to their relatively low rates of occupational injury and illness. The current list of industries is based on the Standard Industrial Classification (SIC) system. In 1997, a newer system, the North American Industry Classification System (NAICS), was introduced to classify establishments by industry. The rulemaking would update appendix A by replacing it with a list of industries based on the NAICS and based on more recent occupational injury and illness rates. Second, this rulemaking would revise the reporting requirements regarding the obligations of employers to report to OSHA the occurrence of fatalities and certain injuries. The existing regulations requireemployers to report to OSHA within 8 hours any work-related incident resulting in the death of an employee or the in-patient hospitalization of three or more employees.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/22/2011 76 FR 36414

NPRM Comment Period End 09/20/2011
Notice of Reopening of Record 09/28/2011 76 FR 59952

Comment Period End 10/28/2011

Final Action 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Diana Cortez Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, Room N-3641, FP Buildiing, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2400

FAX: 202 693-1641

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC53

View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, as Amended

Abstract: OSHA is amending 29 CFR 1980, for handling whistleblower complaints under the Corporate and Criminal Fraud Accountability Act, title VIII of the Sarbanes-Oxley Act, 18 U.S.C. 1514A (SOX), to implement statutory changes enacted by Congress under sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) of 2010, and to provide other procedural updates as needed. SOX provides protection for employees who report alleged violations of the Federal mail, wire, bank, or securities fraud statutes, or the Securities Exchange Act, or any other Federal law relating to fraud against shareholders. Under the DFA, the amendments to SOX extend the statutory filing period from 90 to 180 days, provide parties with a right to a jury trial, extend coverage to nationally recognized statistical rating organizations, and clarify coverage of corporate subsidiaries. Promulgation of these changes to the regulation is necessary to govern whistleblower investigations
conducted under SOX.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1980 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 18 USC 1514A; PL 111-203, secs 922 and 929A, the Dodd Frank Wall Street Reform and Consumer

Protection Act of 2010
Legal Deadline: None

Regulatory Plan:

Statement of Need:Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 11/03/2011 76 FR 68084

Effective Date 11/03/2011

Comment Period End 01/03/2012

Final Action 04/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Laura Seeman Division Chief, Field Operations, Office of the Whistleblower Protection Program Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, FP Building, Room N-3610, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2199

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC58

View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under The Consumer Financial Protection Act; The Seaman's Protection Act; and the FDA Food Safety Modernization Act

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to new whistleblower protection provisions of three statutes: (1) the Consumer Financial Protection Act (CFPA), section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (DFA); (2) the Seaman's Protection Act, 46 U.S.C. section 2114 (SPA); and (3) section 402 of the FDA Food Safety Modernization Act (FSMA). Promulgation of these regulations is necessary to govern whistleblower investigations conducted under the new statutes. CFPA, section 1057 of the DFA, provides protection from retaliation to employees in the consumer financial product and service industries who report alleged violations of Title X of the DFA or any other provision of law that is subject to the jurisdiction of the Bureau of Consumer Financial Protection, an independent bureau within the Federal Reserve System. Pursuant to the statute, the procedures will include remedies and legal burdens of proof provisions, and a "kick-out" provision allowing the complainant to file a complaint in District Court within 90 days after receiving a written determination from OSHA, or if the Secretary has not issued a final determination within 210 days after the filing of the complaint. SPA, as amended by section 611 of the Coast Guard Authorization Act of 2010, transfers to OSHA the administration of the whistleblower protections previously enforced solely via a private right of action. It provides protection from retaliation to seamen who engage in protected activities under SPA. Pursuant to the statute, the procedures will follow those enacted under the Surface Transportation Assistance Act, 49 U.S.C. 31105, including procedures, requirements, and rights. Section 402 of FSMA provides protection from retaliation to employees of entities engaged in manufacturing, processing, packing, transporting, distribution, reception, holding, or importation of food who engage in protected activities under FSMA. Pursuant to the statute, the procedures will include remedies and legal burdens of proof provisions, and a "kick-out" provision allowing the complainant to file a complaint in District Court within 90 days after receiving a written determination from OSHA, or if the Secretary has not issued a final determination within 210 days after the filing of the complaint.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1985; 29 CFR 1986; 29 CFR 1987 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111-203, sec 1057, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; PL 111- 281, sec 611 of the Coast Guard Authorization Act of 2010, amending the Seaman's Protection Act, 46 USC 2114; 21 USC 399d, PL 111-353, sec 402 of the FDA Food Safety Modernization Act
Legal Deadline: None

Regulatory Plan:

Statement of Need:Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 02/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Laura Seeman Division Chief, Field Operations, Office of the Whistleblower Protection Program Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, FP Building, Room N-3610, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2199

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC72

View Related Documents

Title: Vertical Tandem Lifts

Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 FR 40142). In that rule, the Agency reserved provisions related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve the lifting of two or more empty intermodal containers, secured together with twist locks. OSHA worked with national and international organizations to gather additional information on the safety of VTLs. The Agency published an NPRM to address safety issues related to VTLs. The extended comment period concluded February 13, 2004, and an informal public hearing was held on July 29 to 30, 2004. The rulemaking record closed on June 27, 2005. The Agency published a final rule for vertical tandem lifts on December 10, 2008. On June 17, 2011, the United States Court of Appeals for the District of Columbia Circuit remanded two provisions of the VTL final rule: the inspection requirement with respect to ship-to-shore VTLs and the total ban on platform container VTLs. According to the court's decision, there was insufficient evidence in the record that complying with those two provisions was technologically feasible. OSHA is reopening the record to assess the technological feasibility of those two provisions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1917.71; 29 CFR 1918.11; 29 CFR 1918.85 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 33 USC 941
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Final (Remand) 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: NoInternational Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 1218-AA56 Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC79

View Related Documents

Title: Procedures for the Handling of Retaliation Complaints under Section 1558 of the Affordable Care Act of 2010

Abstract: OSHA is proposing to promulgate procedures for the handling and investigation of retaliation complaints pursuant to Section 1558 of the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act or ACA). This section established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the health care industry who engage in protected activities under the ACA. Pursuant to the statute,the procedures will follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b), including remedies and legal burdens of proof provisions. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under

the new statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1984 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 218C, FLSA sec 18C; PL 111-148, sec 1558, the Patient Protection and Affordable Care Act of 2010
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No

Related RINs: Duplicate of 1218-AC55; Split From 1218-AC58
Agency Contact: Laura Seeman Division Chief, Field Operations, Office of the Whistleblower Protection Program Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW, FP Building, Room N-3610, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2199

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC33

View Related DocumentsTitle: Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes

Abstract: On July 26, 2006, the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard (ETS) for all employees exposed to diacetyl, a major component in artificial butter flavoring. Diacetyl and a number of other volatile organic compounds are used to manufacture artificial butter food flavorings. These food flavorings are used by various food manufacturers in a multitude of food products, including microwave popcorn, certain bakery goods, and some snack foods. Evidence indicates that exposure to flavorings containing diacetyl is associated with adverse effects on the respiratory system, including bronchiolitis obliterans, a debilitating and potentially fatal lung disease. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009, in order to facilitate timely development of a standard. The Agency subsequently initiated review of the draft proposed standard in accordance with the Small Business Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report was completed on July 2, 2009. NIOSH is currently developing a criteria document on occupational exposure to diacetyl. The criteria document will also address exposure to 2,3-pentanedione, a chemical that is structurally similar to diacetyl and has been used as a substitute for diacetyl in some applications. It will include an assessment of the effects of exposure as well as quantitative risk assessment. OSHA intends to rely on these portions of the criteria document for the health effects analysis and quantitative risk assessment for the Agency's diacetyl rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined
Stakeholder Meeting 10/17/2007 72 FR 54619

ANPRM 01/21/2009 74 FR 3937

ANPRM Withdrawn 03/17/2009 74 FR 11329

ANPRM Comment Period End 04/21/2009
Completed SBREFA Report 07/02/2009

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC45

View Related Documents

Title: Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

Abstract: The Occupational Safety and Health Administration (OSHA) is proposing to restore a column to the OSHA 300 Log that employers must check if a case they are already required to record under OSHA's existing Recordkeeping rule (29 CFR 1904) is a "musculoskeletal disorder" (MSD). This proposal does not change the existing requirements about when and underwhat circumstances employers must record work-related injuries and illnesses. The Agency believes that having aggregate data on MSDs may help employers and workers track these injuries at individual workplaces. MSD information will also improve the utility, accuracy, and completeness of the national occupational injury and illness statistics, and may assist the Agency in its day-to-day activities and overall safety and health policy making. This proposed rule was temporarily withdrawn from OMB on January 26, 2011, so that the Agency could gather more information from stakeholders in the small business community.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 01/29/2010 75 FR 4728
Public Meeting 03/09/2010

NPRM Comment Period End 03/09/2010 75 FR 10738

Extension of Comment Period End 03/30/2010
Small Business Stakeholder Meeting 04/11/2011
Small Business Stakeholder Meeting 04/12/2011
Notice of Limited Reopening of Rulemaking Record 05/17/2011 76 FR 28383

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC20

View Related Documents

Title: Hazard Communication

Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and training for employees. Within the United States (U.S.), there are other Federal agencies that also have requirements for classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g., specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in different nations. The diverse and sometimes conflicting national and international requirements can create confusion among those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that importantstatements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major compliance burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the extensive international trade in chemicals, there has been a long-standing effort to harmonize these requirements and develop a system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Countries are now adopting the GHS into their national regulatory systems. OSHA published the NPRM on September 30, 2009, and held public hearings in Washington, DC, and Pittsburgh, PA, in March 2010. The final rule was published in the Federal Register March 26, 2012.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action
Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 29 USC 657
Legal Deadline: None

Regulatory Plan:

Statement of Need: Multiple sets of requirements for labels and safety data sheets present a compliance burden for U.S. manufacturers, distributors, and transports involved in international trade. The comprehensibility of hazard information and worker safety will be enhanced as the GHS will: (1) Provide consistent information and definitions for hazardous chemicals; (2) address stakeholder concerns regarding the need for a standardized format for material safety data sheets; and (3) increase understanding by using standardized pictograms and harmonized hazard statements. The increase in comprehensibility and consistency will reduce confusion and thus improve worker safety and health. In addition, the adoption of the GHS would facilitate international trade in chemicals, reduce the burdens caused by having to comply with differing requirements for the same product, and allow companies that have not had the resources to deal with those burdens to be involved in international trade. This is particularly important for small producers who may be precluded currently from international trade because of the compliance resources required to address the extensive regulatory requirements for classification and labeling of chemicals. Thus, every producer is likely to experience some benefits from domestic harmonization, in addition to the benefits that will accrue to producers involved in international trade. Several nations, including the European Union, have adopted the GHS with an implementation schedule through 2015. U.S. manufacturers, employers, and employees will be at a disadvantage in the event that our system of hazard communication is not in compliance with the GHS.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: OSHA's risk analysis is under development.

Timetable:

Action Date FR Cite

ANPRM 09/12/2006 71 FR 53617

ANPRM Comment Period End 11/13/2006
Complete Peer Review of Economic Analysis 11/19/2007

NPRM 09/30/2009 74 FR 50279

NPRM Comment Period End 12/29/2009
Hearing 03/02/2010
Hearing 03/31/2010
Post Hearing Comment Period End 06/01/2010

Final Action 03/26/2012 77 FR 17574

Final Action Effective 05/25/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.govDepartment of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC47

View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provisions of the Consumer Product Safety Improvement Act (CPSIA) of 2008

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section 219 of the Consumer Product Safety Improvement Act of 2008. This section established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the consumer product industry, including employees of manufacturers, importers, private labelers, distributors, and retailers, who report reasonably believed violations of the Consumer Product Safety Act or any other Act enforced by the Consumer Product Safety Commission, or any order, rule, regulation, standard, or ban under those Acts. Pursuant to the statute, the procedures will include remedies and legal burdens of proof provisions. Additionally, the Act includes a "kick-out" provision that allows the complainant to file the complaint in District Court if the Secretary has not issued a final determination within 210 days, or within 90 days after receiving a written determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new

statute.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1983 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 110-314, sec 219, the Consumer Product Safety Improvement Act of 2008; 15 USC 2087
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 08/31/2010 75 FR 53533

Interim Final Rule Effective 08/31/2010

Interim Final Rule Comment Period End 11/01/2010

Final Action 07/10/2012 77 FR 40494

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Sandra Dillon Director, Office of the Whistleblower Protection Program Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW., FP Building, Room N-3610, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2531

FAX: 202 693-2369

E-Mail: dillon.sandra@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC64

View Related Documents

Title: Updating OSHA Standards Based on National Consensus Standards--Acetylene

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were incorporated by reference. In the more than 40 years since these standards were adopted by OSHA, the organizationsresponsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate by reference various consensus standards that are now outdated and, in some cases, out of print. The Agency is undertaking a multiyear project to update these standards. A notice describing the project was published in November 2004 (69 FR 68283). As part of this multiyear project, OSHA published a Direct Final Rule (DFR) for Acetylene and a final rule on Personal Protective Equipment (PPE). The Acetylene DFR, published August 2009, updated 29 CFR 1910.102 based on the latest NFPA and Compressed Gas Association (CGI) consensus standards. Just prior to issuing the DFR, CGI published a new edition of their standard in June 2009; OSHA published a DFR to incorporate the 2009 CGI standard on March 8, 2012.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917 to 1918; 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655 (b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/05/2011 76 FR 75840

Direct Final Rule 12/05/2011 76 FR 75782

Comment Period End 01/04/2012

NPRM Withdrawn 03/08/2012 77 FR 13997

Direct Final Rule 03/08/2012 77 FR 13969

Direct Final Rule Effective Date 03/05/2012 77 FR 13969

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No
Energy Affected: No

Related RINs: Related to 1218-AC08
Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC65

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Title: Updating OSHA Standards Based on National Consensus Standards--Personal Protection Equipment (Head Protection)

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were incorporated by reference. In the more than 40 years since these standards were adopted by OSHA, the organizations responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate by reference various consensus standards that are now outdated and, in some cases, out of print. The Agency is undertaking a multiyear project to update these standards. A notice describing the project was published in November 2004 (69 FR 68283). As part of this multiyear project, OSHA published a Direct Final Rule (DFR) for Acetylene and a final rule on Personal Protective Equipment (PPE). The PPE Final Rule, published September 2009, amended the general industry PPE standard and incorporated by reference a number of updated consensus standards governing the design and testing of certain types of PPE.The Final Rule did not update PPE standards for the construction industry; these standards currently refer to outdated consensus rules. In addition, while the Final Rule was undergoing final OMB review, ANSI published a 2009 edition of the Head Protection (ANSI Z-89.1) consensus standard. This current project will now incorporate the latest PPE consensus standards for the general, construction, and maritime industries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917 to 1918; 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655 (b)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/21/2012 77 FR 37617

Direct Final Rule 06/22/2012 77 FR 37587

NPRM Comment Period End 07/23/2012

NPRM Withdrawal 11/16/2012 77 FR 66717

Final Rule Confirmation of Effective Date 11/16/2012 77 FR 68684

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No

Related RINs: Related to 1218-AC08
Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration Room N-3718, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC78

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Title: Hawaii State Plan for Occupational Safety and Health

Abstract: OSHA will propose to reconsider final approval under section 18(e) of the OSH Act for the Hawaii State occupational safety and health plan, administered by the Division of Occupational Safety and Health (HIOSH) of the Hawaii Department of Labor and Industrial Relations. Following a comment period and opportunity to request a public hearing, OSHA will make a final determination as to whether to suspend final approval of the state plan and resume concurrent Federal enforcement authority with respect to safety and health issues in the State of Hawaii. This action is necessary in order for Federal OSHA to provide staffing, training, and enforcement assistance to the Hawaii State Plan, as was requested by the state. Hawaii may regain final approval status when the state plan is once again "at least as effective" overall as the Federal OSHA program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1952 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 667
Legal Deadline: NoneRegulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Notice of Opportunity to Request Informal Public Hearing and Request
for Written Comments 07/19/2012 77 FR 42462

Comment Period End 08/23/2012

Final Rule 09/21/2012 77 FR 58488

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Douglas J. Kalinowski Director, Directorate of Cooperative and State Programs Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW, Room N-3700, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-2200

FAX: 202 693-1671

E-Mail: kalinowski.doug@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB79

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Title: Refuge Alternatives for Underground Coal Mines

Abstract: On December 31, 2008, MSHA issued a final rule establishing requirements for refuge alternatives for underground coal mines. MSHA is requesting data, comments, and information, based on industry experience, on issues relevant to miners' escape and refuge during an emergency. Continuous development of refuge equipment and technology is crucial to enhancing the effectiveness of escape and refuge.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 957
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Request for Information 03/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: No Agency Contact: George F. TriebschDirector, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB36

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Title: Respirable Crystalline Silica

Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. The metal and nonmetal mining industry standard is based on the 1973 American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values formula: 10 mg/m3 divided by the percentage of quartz plus 2. Overexposure to crystalline silica can result in some miners developing silicosis, an irreversible but preventable lung disease, which ultimately may be fatal. The formula is designed to limit exposures to 0.1 mg/m3 (100 ug) of silica. NIOSH recommends a 50 ug/m3 exposure limit for respirable crystalline silica. MSHA will publish a proposed rule to address miners' exposure to respirable crystalline silica.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811
Legal Deadline: None

Regulatory Plan:

Statement of Need: MSHA standards are outdated; current regulations may not protect workers from developing silicosis. Evidence indicates that miners continue to develop silicosis. MSHA's proposed regulatory action exemplifies the Agency's commitment to protecting the most vulnerable populations while assuring broad-based compliance. MSHA will regulate based on sound science to eliminate or reduce the hazards with the broadest and most serious consequences. MSHA intends to use OSHA's work on the health effects and risk assessment, adapting it as necessary for the mining industry.

Legal Basis: Promulgation of this standard is authorized by section 101 of the Federal Mine Safety and Health Act of 1977.

Alternatives: This rulemaking would improve health protection from that afforded by the existing standards. MSHA will consider alternative methods of addressing miners' exposures based on the capabilities of the sampling and analytical methods.

Costs and Benefits: MSHA will prepare estimates of the anticipated costs and benefits associated with the proposed rule.

Risks: For over 70 years, toxicology information and epidemiological studies have shown that exposure to respirable crystalline silica presents potential health risks to miners. These potential adverse health effects include simple silicosis and progressive massive fibrosis (lung scarring). Evidence indicates that exposure to silica may cause cancer. MSHA believes that the health evidence forms a reasonable basis for reducing miners' exposures to respirable crystalline silica.

Timetable:

Action Date FR Cite

NPRM 08/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: Undetermined

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.govDepartment of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB67

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Title: Notification of Legal Identity

Abstract: The current requirements do not provide sufficient information for MSHA to identify all of the mine "operators" responsible for operator safety and health obligations under the Federal Mine Safety and Health Act of 1977, as amended. This proposed regulation would expand the information required to be submitted to MSHA and allow the Agency to better focus on the most egregious or persistent violators and more effectively deter future violations by imposing penalties and other remedies

on those violators.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 41 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 801; 30 USC 813(h); 30 USC 819(d); 30 USC 957
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB72

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Title: Criteria and Procedures for Proposed Assessment of Civil Penalties

Abstract: MSHA will develop a proposed rule to revise the process for proposing civil penalties. The assessment of civil penalties is a key component in MSHA's strategy to enforce safety and health standards. The Congress intended that the imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take necessary action to prevent safety and health hazards before they occur. MSHA believes that the procedures for assessing civil penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 815; 30 USC 820; 30 USC 957
Legal Deadline: None

Regulatory Plan:Statement of Need: Section 110(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act) requires MSHA to assess a civil penalty for a violation of a mandatory health or safety standard or violation of any provision of the Mine Act. The mine operator has 30 days from receipt of the proposed assessment to contest it before the Federal Mine Safety and Health Review Commission (Commission), an independent adjudicatory agency established under the Mine Act. A proposed assessment that is not contested within 30 days becomes a final order of the Commission. A proposed assessment that is contested within 30 days proceeds to the Commission for adjudication. The proposed rule would promote consistency, objectivity, and efficiency in the proposed assessment of civil penalties. When issuing citations or orders, inspectors are required to evaluate safety and health conditions and make decisions about the statutory criteria related to assessing penalties. The proposed changes in the measures of the evaluation criteria would result in fewer areas of disagreement and earlier resolution of enforcement issues. The proposal would require conforming changes to the Mine Citation/Order form (MSHA Form 7000-3).

Legal Basis: Section 104 of the Mine Act requires MSHA to issue citations or orders to mine operators for any violations of a mandatory health or safety standard, rule, order, or regulation promulgated under the Mine Act. Sections 105 and 110 of the Mine Act provide for assessment of these penalties.

Alternatives: The proposal would include several alternatives in the preamble and requests comments on them.

Costs and Benefits: MSHA will prepare estimates of the anticipated costs and benefits in a preliminary regulatory economic analysis to accompany the proposed rule.

Risks: MSHA's existing procedures for assessing civil penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues. In the overwhelming majority of contested cases before the Commission, the issue is not whether a violation occurred. Rather, the parties disagree on the gravity of the violation, the degree of mine operator negligence, and other criterion. The proposed changes should result in fewer areas of disagreement and earlier resolution of enforcement issues, which should result in fewer contests of violations or proposed assessments.

Timetable:

Action Date FR Cite

NPRM 01/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB78

View Related Documents

Title: Proximity Detection Systems for Mobile Machines in Underground Mines

Abstract: MSHA will develop a proposed rule to address the hazards that miners face when working near mobile equipment in underground mines. MSHA has concluded, from investigations or accidents involving mobile equipment and other reports, that action is needed to protect miner safety. Mobile equipment can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The proposed rule would strengthen the protection for underground miners by reducing the potential of pinning, crushing, or striking hazards associated with working close to mobile equipment. As part of the Secretary's strategy for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811
Legal Deadline: None

Regulatory Plan:

Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killedresulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent accidents that cause debilitating injuries and accidental death.

Legal Basis: Promulgation of this standard is authorized by section 101(a) of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: No reasonable alternatives to this regulation would be as comprehensive or as effective in eliminating hazards and preventing injuries.

Costs and Benefits: MSHA will develop a preliminary regulatory economic analysis to accompany the proposed rule.

Risks: The lack of proximity detection systems on mobile equipment in underground mines contributes to a higher incidence of debilitating injuries and accidental deaths.

Timetable:

Action Date FR Cite
Request for Information 02/01/2010 75 FR 5009

RFI Comment Period Ended 04/02/2010

NPRM 07/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov

Related RINs: Related to 1219-AB65 Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB82

View Related Documents

Title: Fees for Testing, Evaluation and Approval of Mining Products

Abstract: MSHA's Approval and Certification Center was established for the purpose of testing and evaluating mine equipment and mine products to assure compliance with the applicable parts of 30 CFR. However, with advances in technology and computerization, the approval process has become significantly more complex, resulting in more agency resources associated with approvals. MSHA will propose changes to these regulations to reflect changes in cost of testing and evaluating mine equipment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 5 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 957
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR CiteNPRM 08/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No
Energy Affected: Undetermined Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB64

View Related Documents

Title: Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors

Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (CWP or black lung) and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease, according to the National Institute for Occupational Safety and Health (NIOSH). In September 1995, NIOSH issued a Criteria Document in which it recommended that the respirable coal mine dust permissible exposure limit (PEL) be cut in half. In February 1996, the Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the adequacy of MSHA's current program and standards to control respirable dust in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The Committee represented the labor, industry and academic communities. The Committee submitted its report to the Secretary of Labor in November 1996, with the majority of the recommendations unanimously supported by the Committee members. The Committee recommended a number of actions to reduce miners' exposure to respirable coal mine dust. This final rule is an important element in MSHA's Comprehensive Black Lung Reduction Strategy (Strategy) to "End Black Lung Now."

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 75; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811; 30 USC 813(h)
Legal Deadline: None

Regulatory Plan:

Statement of Need: Comprehensive respirable dust standards for coal mines were designed to reduce the incidence, and eventually eliminate, CWP and silicosis. While significant progress has been made toward improving the health conditions in our Nation's coal mines, miners remain at risk of developing occupational lung disease, according to NIOSH. Recent NIOSH data indicate increased prevalence of CWP "clusters" in several geographical areas, particularly in the Southern Appalachian Region.

Legal Basis: Promulgation of this regulation is authorized by the Federal Mine Safety and Health Act of 1977 as amended by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: MSHA is considering amendments, revisions, and additions to existing standards.

Costs and Benefits: MSHA will develop a regulatory economic analysis to accompany the final rule.

Risks: Respirable coal dust is one of the most serious occupational hazards in the mining industry. Occupational exposure to excessive levels of respirable coal mine dust can cause coal workers' pneumoconiosis and silicosis, which are potentially disabling and can cause death. MSHA is pursuing both regulatory and nonregulatory actions to eliminate these diseases through the control of coal mine respirable dust levels in mines and reduction of miners' exposure. MSHA developed a risk assessment to accompany the proposed rule.

Timetable:

Action Date FR Cite

NPRM Comment Period End 02/28/2010

NPRM 10/19/2010 75 FR 64412
Notice of Public Hearings; Corrections 11/15/2010 75 FR 69617NPRM-Rescheduling of Public Hearings; Correction 11/30/2010 75 FR 73995
Public Hearing 12/07/2010
Public Hearing 01/11/2011
Public Hearing 01/13/2011

NPRM Comment Period Extended 01/14/2011 76 FR 2617
Public Hearing 01/25/2011
Public Hearing 02/08/2011
Public Hearing 02/10/2011
Public Hearing 02/15/2011
Request for Comment 03/08/2011 76 FR 12648

NPRM Comment Period End 05/02/2011

NPRM Comment Period Extended 05/04/2011 76 FR 25277

NPRM Comment Period Extended 05/27/2011 76 FR 30878

NPRM Comment Period End 05/31/2011

NPRM Comment Period End 06/20/2011

Final Rule 06/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No

RIN Information URL: www.msha.gov Public Comment URL: www.regulations.gov Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB65

View Related Documents

Title: Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines

Abstract: This final rule addresses hazards that miners face when working near continuous mining machines in underground coal mines. MSHA has concluded, from investigations of accidents involving continuous mining machines and other reports, that action is necessary to protect miners. Continuous mining machines can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The final rule would strengthen the protection for underground coal miners by reducing the potential of pinning, crushing, or striking hazards associated with working close to continuous mining machines. As a part of the Secretary's strategy for securing safe and healthy workplaces, the Occupational Safety and Health Administration (OSHA) will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 75.1732 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811
Legal Deadline: None

Regulatory Plan:

Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killed resulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent accidents that cause debilitating injuries and accidental death.

Legal Basis: Promulgation of this standard is authorized by section 101(a) of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006.

Alternatives: No reasonable alternatives to this regulation would be as comprehensive or as effective in eliminating hazards and preventing injuries.

Costs and Benefits: MSHA will develop a regulatory economic analysis to accompany the final rule.Risks: The lack of proximity detection systems on continuous mining machines in underground coal mines contributes to a higher incidence of debilitating injuries and accidental deaths.

Timetable:

Action Date FR Cite
Request for Information (RFI) 02/01/2010 75 FR 5009

RFI Comment Period Ended 04/02/2010

NPRM 08/31/2011 76 FR 54163
Notice of Public Hearing 10/12/2011 76 FR 63238

NPRM Comment Period End 11/14/2011

Final Action 05/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

RIN Information URL: www.msha.gov/reginfo.htm Public Comment URL: www.regulations.gov Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB73

View Related Documents

Title: Pattern of Violations

Abstract: MSHA is preparing a final rule to revise the Agency's existing regulation for pattern of violations contained in 30 CFR part 104. MSHA has determined that the existing pattern criteria and procedures do not reflect the statutory intent for section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) that operators manage health and safety conditions at mines so that the root causes of significant and substantial (S&S) violations are addressed before they become a hazard to the health and safety of miners. The legislative history of the Mine Act explains that Congress intended the pattern of violations tool to be used for operators who have demonstrated a disregard for the health and safety of miners. The final rule would reflect statutory intent, simplify the pattern of violations criteria, and improve consistency in applying the patterns of violations criteria.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 814(e); 30 USC 957
Legal Deadline: None

Regulatory Plan:

Statement of Need: The pattern of violations provision was a new enforcement tool in the Mine Act. The Mine Act places the ultimate responsibility for ensuring the safety and health of miners on mine operators. The goal of the pattern of violations proposed rule is to compel operators to manage health and safety conditions so that the root causes of S&S violations are found and fixed before they become a hazard to miners. MSHA's existing regulation is not consistent with the language, purpose, or legislative history of the Mine Act and hinders the Agency's use of pattern of violations to identify chronic violators who thumb their noses at the law by a continuing cycle of citation and abatement.

Legal Basis: Promulgation of this standard is authorized by sections 104(e) and 508 of the Federal Mine Safety and Health

Act of 1977.

Alternatives: MSHA will consider alternative criteria for determining when a pattern of S&S violations exists in order to improve health and safety conditions in mines and provide protection for miners. Congress provided the Secretary with broad discretion in determining criteria, recognizing that MSHA may need to modify the criteria as Agency experience dictates.

Costs and Benefits: MSHA will develop a regulatory economic analysis to accompany the final rule.

Risks: Mine operators with a chronic history of persistent serious violations needlessly expose miners to the same hazards again and again. This indicates a serious safety and health management problem at the mine. The existing regulation has not been effective in reducing repeated risks to miners at these mines.

Timetable:Action Date FR Cite

NPRM 02/02/2011 76 FR 5719

NPRM Comment Period End 04/04/2011

NPRM Comment Period Extended 04/04/2011 76 FR 18467

NPRM Comment Period End 04/18/2011
Notice of Public Hearing and Extension of Comment Period 05/04/2011 76 FR 25277
Notice of Public Hearing and Extension of Comment Period 06/20/2011 76 FR 35801

NPRM Comment Period End 06/30/2011

Comment Period End 08/01/2011

Final Rule 01/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: http://www.regulations.gov
Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB81

View Related Documents

Title: Criteria and Procedures for Proposed Assessment of Civil Penalties; Inflation Adjustment

Abstract: The Mine Safety and Health Administration (MSHA) is revising its civil penalty assessment amounts under 30 CFR part 100 to adjust for inflation according to the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. MSHA is required by this statue to adjust all civil penalties for inflation at least once every four years. The revised penalties apply to citations and orders issued on or after the effective date of this rule. Because the decision to make the adjustments and the amount of any adjustment is not within MSHA's discretion, MSHA, for good cause, finds that public notice and comment are unnecessary and that this rule will be published as a final rule. Civil penalties that are increased by the final rule include the maximum civil penalty for regular assessments; the range of minimum and maximum civil penalties for regular assessments; the minimum and maximum penalty for failure to provide timely notification; the maximum daily penalty for failure to abate a violation for a special assessment; and the maximum penalty for violations that are deemed to be flagrant. There is no change in the existing minimum penalty for unwarrantable violations or the existing maximum penalty for smoking or carrying smoking materials. MSHA last adjusted civil penalties for inflation in 2008 (73 FR 7206).

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 30 CFR 100.3, 100.4, 100.5 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 815, 820, 957
Legal Deadline:

Action Source Description Date

Other Statutory FCPIAA of 1990, as amended

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 12/00/2012Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB84

View Related Documents

Title: Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record

Abstract: The U.S. Court of Appeals for the District of Columbia Circuit remanded a training provision in the Refuge Alternatives Final Rule, directing MSHA to explain the basis for requiring motor task (hands-on), decision-making, and expectations training annually rather than quarterly or to reopen the record and allow public comment. MSHA is reopening the rulemaking record for its Refuge Alternatives Final Rule for the limited purpose of obtaining comments on the frequency for motor task (also known as "hands-on" training), decision-making, and expectations training for miners to deploy and use refuge alternatives in underground coal mines. MSHA will review the comments to determine an appropriate course of action for the Agency in response to comments. MSHA will publish its response in the Federal Register addressing the public comments and either explaining the reason that it is leaving the final rule unchanged or modifying the final rule as the result of the public comment process.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 7; 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 957; 30 USC 811
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Limited Reopening of the Record

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: Undetermined
Energy Affected: No

Related RINs: Related to 1219-AB58 Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.govDepartment of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB75

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Title: Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards

Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly. Additionally, other conditions that could develop into a hazard if left uncorrected must also be eliminated. Operator examinations for hazards and violations of mandatory health or safety standards are mandated in the Mine Act and are a critical component of an effective safety and health program for underground mines. While this requirement was previously included in regulations, the 1992 final rule addressing ventilation in underground coal mines only included the requirement that the mine examiners look for hazardous conditions. The 1992 rule omitted from the standard the text taken from the Mine Act requiring examinations for violations of mandatory health or safety standards during preshift examinations. The final rule will revise existing standards for preshift, supplemental, on-shift, and weekly examinations to address violations of mandatory health or safety standards.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811; 30 USC 961
Legal Deadline: None

Regulatory Plan:

Statement of Need: Underground coal mines usually present harsh and hostile working environments, and the ventilation system is the most vital life support system in underground mining. A properly operating ventilation system is essential for maintaining a safe and healthful working environment. Examinations of work areas that include the ventilation system are the first line of defense for miners working in underground coal mines and are necessary to protect miners. Conditions in underground coal mines change rapidly-- a roof that appears adequately supported can quickly deteriorate and fall; stoppings can crush out and short-circuit air currents; conveyor belts can become misaligned or belt roller bearings can fail, resulting in an ignition source; and methane can accumulate in areas where it may not have been detected. Diligent compliance with safety and health standards and safety-conscious work practices provide a substantial measure of protection against mine accidents and emergencies. To assure optimum safety of miners, it is imperative that operators find violations of health or safety standards, correct them, and record corrective actions taken.

Legal Basis: Promulgation of this regulation is authorized by sections 101 and 303 (d)(1) and (f) of the Federal Mine Safety

and Health Act of 1977.

Alternatives: The proposal included several alternatives in the preamble and requested comments on them.

Costs and Benefits: MSHA estimated that the proposed rule would cost $15.3 million yearly and result in net benefits of $6.0 million yearly.

Risks: Failure to conduct adequate examinations to identify, report, and correct hazardous conditions and violations of health and safety standards has resulted in serious accidents and fatalities. Lack of adequate ventilation in underground mines has resulted in fatalities from asphyxiation and explosions.

Timetable:

Action Date FR Cite

NPRM 12/27/2010 75 FR 81165

NPRM Comment Period End 02/25/2011

NPRM Extension of Comment Period 03/01/2011 76 FR 11187

NPRM Comment Period End 03/28/2011
Notice of Public Hearing and Extension of Comment Period 05/04/2011 76 FR 25277
Notice of Public Hearing and Extension of Comment Period 06/20/2011 76 FR 35801

NPRM Comment Period End 06/30/2011

NPRM Comment Period End 08/01/2011

Final Action 04/06/2012 77 FR 20700

Final Action Effective 08/06/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

RIN Information URL: www.msha.gov/regsinfo.htm

Related RINs: Related to 1219-AB71 Agency Contact: George F. Triebsch Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209Arlington , VA 22209

Phone: 202 693-9449

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA03

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Title: Amendments to the Family and Medical Leave Act of 1993

Abstract: The Department of Labor plans to amend the regulations implementing the Family and Medical Leave Act to incorporate amendments made by the National Defense Authorization Act for FY 2010 and the Airline Flight Crew Technical Corrections Act. When initiated, this regulatory action was intended to review revisions to the regulations implementing the National Defense Authorization Act for FY 2008 for military family leave amendments and other revisions of the regulations implemented in January 2009. Subsequent to the initiation of this action, Congress passed the National Defense Authorization Act for FY 2010 and the Airline Flight Crew Technical Corrections Act. As a result of the Congressional action, the scope of this rulemaking has changed to implement the statutory amendments.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 825 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 2654
Legal Deadline: None

Regulatory Plan:

Statement of Need: The FMLA requires covered employers to grant eligible employees up to 12 workweeks of unpaid, jobprotected leave a year for specified family and medical reasons, and to maintain group health benefits during the leave as if the employees continued to work instead of taking leave. When an eligible employee returns from FMLA leave, the employer must restore the employee to the same or an equivalent job with equivalent pay, benefits, and other conditions of employment. FMLA makes it unlawful for an employer to interfere with, restrain, or deny the exercise of any right provided by the FMLA. In addition, the FMLA was amended by the National Defense Authorization Act of 2008, effective January 28, 2009, to permit an eligible employee to take up to a total of 26 workweeks of leave during a single 12-month period to provide care for certain family members who are "a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness." (FMLA Military Caregiver leave). The FMLA was also amended to permit an eligible employee to take up to 12 workweeks of FMLA leave for "any qualifying exigency (as the Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation." (Qualifying Exigency leave). Regulations implementing these amendments were published November 17, 2008, and took effect January 16, 2009 (73 FR 67934). Since that time, Congress passed the National Defense authorization Act for FY 2010 which further amends the FMLA to allow an eligible employee to take FMLA Military Caregiver leave for certain veterans with serious injuries or illnesses. In addition, the Flight Crew Technical Corrections Act, which established eligibility criteria for flight crew members and flight attendants, was enacted.

Legal Basis: These regulations are authorized by section 404 of the Family and Medical Leave Act, 29 U.S.C 2654.

Alternatives: Alternatives will be developed in considering proposed revisions to the current FMLA regulations. The public will be invited to provide comments on the proposed revisions and possible alternatives.

Costs and Benefits: The Department will prepare estimates of the anticipated costs and benefits associated with the proposed rule.

Risks: This rulemaking action does not directly affect risks to public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 02/15/2012 77 FR 8960

NPRM Comment Period End 04/15/2012

Final Action 03/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1215-AB76 Agency Contact: Mary ZieglerDirector, Division of Regulation, Legislation, and Interpretation Department of Labor Wage and Hour Division 200 Constitution Avenue NW., Rm S-3502, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA05

View Related Documents

Title: Application of the Fair Labor Standards Act to Domestic Service

Abstract: Fair Labor Standards Act (FLSA) section 13(a)(15) provides an exemption from minimum wage and overtime compensation for domestic employees engaged in providing companionship services. FLSA section 13(b)(21) provides an exemption from overtime compensation for live-in domestic employees. In light of significant changes in the home care industry, the DOL is proposing to update regulations at 29 CFR part 552, Application of the FLSA to Domestic Service, including examining the definition of "companionship services," the criteria used to judge whether employees qualify as trained personnel who are not exempt companions, and the applicability of the exemption to third-party employers.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 552 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 213 (a)(15); 29 USC 213 (b)(21)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/27/2011 76 FR 81190

NPRM Comment Period End 02/27/2012

Notice of Extension of Comment Period 02/24/2012 77 FR 11021

Comment Period End 03/12/2012

Notice of Extension of Comment Period 03/13/2012 77 FR 14688

Comment Period End 03/21/2012

Final Rule 04/00/2013

Additional Information: Previously reported as 1215-AB85.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: No
Energy Affected: No Agency Contact: Mary Ziegler Director, Division of Regulations, Legislation, and Interpretation Department of Labor Wage and Hour Division 200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA04View Related Documents

Title: Right To Know Under the Fair Labor Standards Act

Abstract: The Department of Labor proposes to update the recordkeeping regulations under the Fair Labor Standards Act in order to enhance the transparency and disclosure to workers of their status as the employer's employee or some other status, such as an independent contractor, and if an employee, how their pay is computed. The Department also proposes to clarify that the mandatory manual preparation of "homeworker" handbooks applies only to employers of employees performing homework in the restricted industries. The title of this proposed rule has changed to better reflect the purpose of this action.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 516 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 211(c)
Legal Deadline: None

Regulatory Plan:

Statement of Need: The recordkeeping regulation issued under the Fair Labor Standards Act (FLSA), 29 CFR part 516, specifies the scope and manner of records covered employers must keep that demonstrate compliance with minimum wage, overtime, and child labor requirements under the FLSA, or the records to be kept that confirm particular exemptions from some of the Act's requirements may apply. This proposal intends to update the recordkeeping requirements to foster more openness and transparency in demonstrating employers' compliance with applicable requirements to their workers, to better ensure compliance by regulated entities, and to assist in enforcement. In addition, the proposal intends to update the requirements for live-in domestic employees and to clarify that the mandatory manual preparation of "homeworker" handbooks applies only to employers of employees performing homework in the restricted industries.

Legal Basis: These regulations are authorized by section 11 of the Fair Labor Standards Act, 29 U.S.C. 211.

Alternatives: Alternatives will be developed in considering proposed revisions to the current recordkeeping requirements. The public will be invited to provide comments on the proposed revisions and possible alternatives.

Costs and Benefits: The Department will prepare estimates of the anticipated costs and benefits associated with the proposed rule.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined
Energy Affected: No

Related RINs: Previously Reported as 1215-AB78 Agency Contact: Mary Ziegler Director, Division of Regulations, Legislation, and Interpretation Department of Labor Wage and Hour Division 200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA07

View Related Documents

Title: Fair Labor Standards Act, Child Labor Hazardous Occupations Order, No. 7

Abstract: The child labor provisions of the Fair Labor Standards Act (FLSA) were enacted to ensure that when children work, the work is safe and does not jeopardize their health, well-being, or education. To protect children from hazardous employment, the FLSA provides for a minimum age of 18 years in occupations found and declared by the Secretary of Labor to be particularly hazardous or detrimental to the health or well-being of children 16 and 17 years of age. Hazardous Occupations Orders (HOs) are the means by which the Secretary declares certain occupations to be particularly hazardous for children. Child Labor Hazardous Occupations Order No. 7 (Occupations involved in the operation of power-driven hoisting apparatus)(HO7) has for many years prohibited children under 18 years of age from operating or assisting in the operation ofseveral types of hoisting apparatus. The Department seeks information to ensure that its current nonenforcement position regarding the application of HO 7 to the operation of patient/resident lifts provides adequate protections to working youth while not unduly denying them job opportunities they can safely perform.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 201 et seq
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Mary Ziegler Director, Division of Regulations, Legislation, and Interpretation Department of Labor Wage and Hour Division 200 Constitution Avenue NW., FP Building, Room S-3502, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA06

View Related Documents

Title: Child Labor Regulations, Orders, and Statements of Interpretations

Abstract: The Department is proposing to revise the child labor regulations issued pursuant to the Fair Labor Standards Act, 29 U.S.C. 212, which sets forth the criteria for the employment of minors in agriculture. The Department's proposed revisions primarily concern part E-1 of the regulation, which addresses hazardous occupations in agriculture.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 212 and 213(c)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR CiteNPRM 09/02/2011 76 FR 54836
Notice of Public Hearing 10/04/2011 76 FR 61289

NPRM Comment Period End 11/01/2011

Notice of Extension of Comment Period 11/01/2011 76 FR 67104

Comment Period End 12/01/2011

Withdrawn 05/29/2012 77 FR 31549

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No Agency Contact: Mary Ziegler Director, Division of Regulation, Legislation, and Interpretation Department of Labor Wage and Hour Division 200 Constitution Avenue NW., Rm S-3502, FP Building, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Office of Workers Compensation ( OWCP ) RIN: 1240-AA06

View Related Documents

Title: Longshore and Harbor Workers' Compensation Act: Maximum Compensation Rate Determinations

Abstract: Under the Longshore and Harbor Workers' Compensation Act and its extensions, disabled workers are paid compensation based on their average weekly wage at the time of their disabling injury. Section 6 of the Act, 33 U.S.C. 906 caps this compensation at a maximum of twice the "applicable" fiscal year's national average weekly wage. The Secretary of Labor determines the national average wage for each fiscal year, and that determination applies to employees or survivors "currently receiving" permanent disability compensation or death benefits as well as those "newly awarded" compensation. Litigation over which year's national average wage applies in various situations led to a recent Supreme Court decision construing the "newly awarded" phrase. The proposed rule will implement the Supreme Court's decision and clarify how the maximum compensation rate provision applies, including the "currently receiving" phrase and other portions the Court did not address.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 702 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 33 USC 939
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Miranda Chiu Director, Div. Longshore and Harbor Workers' Compensation Department of Labor Office of Workers Compensation 200 Constitution Avenue, NW, Room C-4315, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0038

FAX: 202 693-1380E-Mail: chiu.miranda@dol.gov

Department of Labor (DOL) Office of Workers Compensation ( OWCP ) RIN: 1240-AA07

View Related Documents

Title: Black Lung Benefits Act: Standards for Chest Radiographs

Abstract: Physicians use chest radiographs (X-rays) as a tool in evaluating whether a miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow submission of radiographs and set out quality standards for their performance. These standards, which were last revised in 1983, currently address only film radiographs. Since their promulgation, many medical facilities have phased out the film radiography in favor of digital radiography. This rule will update the existing film-radiography standards and provide parallel standards for digital radiographs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 718 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 902(f); 30 USC 921(b); 30 USC 923(b); 30 USC 936(a)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/00/2013

Direct Final Rule 10/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Steven D. Breeskin Dir. Div. Coal Mine Workers' Compensation Department of Labor Office of Workers Compensation 200 Constitution Avenue, NW, Room N-3464, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0824

FAX: 202 693-1395

E-Mail: breeskin.steven@dol.gov

Department of Labor (DOL) Office of Workers Compensation ( OWCP ) RIN: 1240-AA04

View Related Documents

Title: Regulations Implementing Amendments to the Black Lung Benefits Act: Determining Coal Miners and Survivors

Entitlement to Benefits

Abstract: The Patient Protection and Affordable Care Act (PPACA) of 2010 amended the Black Lung Benefits Act, 30 U.S.C. 901 to 944, to reinstate two methods of establishing entitlement that were repealed with respect to claims filed after 1981. Specifically, the PPACA reinstated 30 U.S.C. 921(c)(4)(presumption of total disability or death due to pneumoconiosis arising out of coal mine employment where the miner had 15 years of coal mine employment and proof of total disability) and 30 U.S.C. 932(l) (automatic entitlement to benefits for eligible survivors of miners who were awarded benefits based on lifetime claims). The newly amended statutory provisions apply to claims filed after January 1, 2005, that are pending on or after PPACA's March 23, 2010, enactment date, and to all claims filed on or after March 23, 2010. This final rule will define the class of claimsaffected by the amendments and set the criteria for establishing entitlement to benefits under the amendments.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 718; 20 CFR 725 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 936; 30 USC 921
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/30/2012 77 FR 19456

NPRM Comment Period End 05/29/2012

Final Action 09/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Michael McClaran Deputy Director, Division of Coal Mine Workers' Compensation Department of Labor Office of Workers Compensation 200 Constitution Avenue NW., Suite N-3464, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0978

FAX: 202 693-1395

E-Mail: mcclaran.michael@dol.gov

Department of Labor (DOL) Office of Workers Compensation ( OWCP ) RIN: 1240-AA05

View Related Documents

Title: Technical Amendments Eliminating References to the Employment Standards Administration

Abstract: This rule will make technical amendments to 20 CFR parts 701, 702, 703, 725, and 726 to reflect the dissolution of the Employment Standards Administration and the Secretary's delegation of authority to administer the Longshore and Harbor Workers' Compensation Act (and its extensions)and the Black Lung Benefits Act to the Director, Office of Workers' Compensation Programs. The amendments also add and update the Internet addresses, and update cross-references to other regulations.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 701 to 703; 20 CFR 725; 20 CFR 726 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 33 USC 939(a); 30 USC 921(b); 30 USC 932(a); 30 USC 936(a)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:Risks:

Timetable:

Action Date FR Cite

Final Rule 06/21/2012 77 FR 37284

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Gary A Steinberg Acting Director, Office of Workers' Compensation Programs Department of Labor Office of Workers Compensation 200 Constitution Avenue, NW, Room S-3524, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0031

E-Mail: steinberg.gary@dol.gov

Department of Labor (DOL) Office of Labor Management Standards ( OLMS ) RIN: 1245-AA05

View Related Documents

Title: Persuader Agreements: Consultant Form LM-21 Receipts and Disbursements Report

Abstract: The Department intends to publish a notice and comment rulemaking seeking consideration of the Form LM-21, Receipts and Disbursements Report, which is required pursuant to section 203(b) of the Labor-Management Reporting and Disclosure Act (LMRDA). The rulemaking will propose mandatory electronic filing for Form LM-21 filers, and it will review the layout of the Form LM-21 and its instructions, including the detail required to be reported.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 433 and 438
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Andrew R. Davis Chief, Division of Interpretations and Standards, Office of Labor-Management Standards Department of Labor Office of Labor Management Standards Room N-5609, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1254

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)Office of Labor Management Standards ( OLMS ) RIN: 1245-AA03

View Related Documents

Title: Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA

Abstract: The Department intends to publish a final rule revising its interpretation of section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA). That statutory provision creates an "advice" exemption from reporting requirements that apply to employers and other persons in connection with persuading employees about the right to organize and bargain collectively. The revised interpretation would narrow the scope of the advice exemption.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 405; 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 433; 29 USC 438
Legal Deadline: None

Regulatory Plan:

Statement of Need: In June 2011, the Department of Labor proposed a regulatory initiative to better implement the public disclosure objectives of the Labor-Management Reporting and Disclosure Act (LMRDA) regarding employer-consultant agreements to persuade employees concerning their rights to organize and bargain collectively. Under LMRDA section 203, an employer must report any agreement or arrangement with a third party consultant to persuade employees as to their collective bargaining rights or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer. The consultant is also required to report concerning such an agreement or arrangement with an employer. Statutory exceptions to these reporting requirements are set forth in LMRDA section 203(c), which provides, in part, that employers and consultants are not required to file a report by reason of the consultant's giving or agreeing to give "advice" to the employer. The Department's proposal stated that its current policy concerning the scope of the "advice exception" is overbroad and that a narrower construction would better allow for the employer and consultant reporting intended by the LMRDA. The proposal stated that regulatory action is needed to provide workers with information critical to their effective participation in the workplace.

Legal Basis: This rulemaking is authorized under U.S.C. sections 433 and 438 and applies to regulations at 29 CFR part 405 and 29 CFR part 406.

Alternatives: Alternatives will be developed and considered in the rulemaking.

Costs and Benefits: Anticipated costs and benefits of this regulatory initiative have not been assessed and will be determined at a later date, as appropriate.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action Date FR Cite

NPRM 06/21/2011 76 FR 36178

NPRM Comment Period Extended 07/29/2011 76 FR 45480

NPRM Comment Period End 08/22/2011

NPRM Comment Period End 09/21/2011

Final Action 04/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No

RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB79 Agency Contact: Andrew R. Davis Chief, Division of Interpretations and Standards, Office of Labor-Management Standards Department of Labor Office of Labor Management Standards Room N-5609, FP Building, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-1254

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL) Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA01View Related Documents

Title: Construction Contractors' Affirmative Action Requirements

Abstract: The regulations implementing the affirmative action obligations of construction contractors under Executive Order 11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and racial minorities continue to exist in on-site construction occupations in the construction industry. This Notice of Proposed Rulemaking (NPRM) would revise 41 CFR part 60-1 and 60-4 by removing outdated regulatory provisions, proposing a new method for establishing affirmative action goals, and proposing other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1; 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended; 30 FR 12319; 32 FR 14303, as amended by EO 12086
Legal Deadline: None

Regulatory Plan:

Statement of Need: These regulations, last revised in 1980, have proven ineffective at making meaningful progress in the employment of women and certain minorities in the construction industry. Analysis of 2006 to 2008 ACS data for 27 on-site construction occupations reveals a significant disparity between the percentage of women in construction occupations in the construction industry and the percentage of women in construction occupations in all other industries. The representation of African Americans in the construction industry is substantially less than would be expected given their representation in all other industries. For example, in 23 of the 27 occupations analyzed, disparities were found in the representation of African Americans. The NPRM would remove outdated regulatory provisions, propose a new method for establishing affirmative action goals, and propose other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today.

Legal Basis: This action is not required by statute or court order. Legal Authority: Sections 201, 202, 205, 211, 301, 302, and 303 of E.O. 11246, as amended; 30 FR 12319; 32 FR 14303, as amended by E.O. 12086.

Alternatives: Regulatory alternatives will be addressed as the NPRM is developed.

Costs and Benefits: The proposed rule would adopt a new framework for implementing affirmative action requirements in the construction industry and proposes standards for designating projects "mega construction projects." There may be some additional costs to contractors as a result of the increased scope of required actions. The benefits would likely include increased diversity in construction workplaces and increased opportunities for women and minorities to obtain on-site construction jobs. Recent reports on the national unemployment rate show significantly higher unemployment in these populations than in others. The African American unemployment rate is at record high numbers. More detailed cost and benefit analyses will be made as the NPRM is developed. All data show significant underrepresentation of these groups in the construction industry.

Risks: Failure to provide updated regulations may impede the equal opportunity rights of some workers in protected classes.

Timetable:

Action Date FR Cite

NPRM 10/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81 Agency Contact: Debra A. Carr Director, Division of Policy, Planning, and Program Development Department of Labor Office of Federal Contract Compliance Programs Room C3325, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0103

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA03

View Related DocumentsTitle: Nondiscrimination in Compensation: Compensation Data Collection Tool

Abstract: Compensation discrimination is one form of discrimination that Executive Order 11246 prohibits. Eliminating sex- and race-based compensation discrimination continues to be a priority for OFCCP. To this end, OFCCP will develop a new compensation data collection tool to identify contractors likely to violate the Executive Order. In addition, the data collection tool could play a key role in OFCCP's establishment-specific, contractor-wide, and industry-wide analyses. Through publication of an Notice of Proposed Rulemaking (NPRM), OFCCP will seek to develop an effective and efficient data collection instrument.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-2 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 11246; 30 FR 12319, as amended by EO 11375; 32 FR 14303, as amended by EO 12086; 43 FR 46501
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 08/10/2011 76 FR 49398

ANPRM Comment Period Closed 10/11/2011

NPRM 06/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1215-AB80 Agency Contact: Debra A. Carr Director, Division of Policy, Planning, and Program Development Department of Labor Office of Federal Contract Compliance Programs Room C3325, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0103

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA05

View Related Documents

Title: Sex Discrimination Guidelines

Abstract: The Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246, as amended, which prohibits Federal Government contractors and subcontractors from discriminating against individuals in employment on the basis of race, color, sex, religion, or national origin, and requires them to take affirmative action. OFCCP regulations at 41 CFR part 60-20 set forth the interpretations and guidelines for implementing Executive Order 11246, as amended, in regard to promoting and ensuring equal opportunities for all persons employed or seeking employment with Government contractors and subcontractors without regard to sex. This nondiscrimination requirement also applies to contractors and subcontractors performing under federally assisted construction contracts. The guidance in part 60-20 is more than 30 years old and warrants a regulatory lookback. OFCCP will issue a Notice of Proposed Rulemaking to create sex discrimination regulations that reflect the current state of the law in this area.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: Undetermined

CFR Citation: 41 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: sec 201, EO 11246, 30 FR 12319 and EO 11375, 32 FR 14303, as amended by EO 12086Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 08/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: Undetermined Agency Contact: Debra A. Carr Director, Division of Policy, Planning, and Program Development Department of Labor Office of Federal Contract Compliance Programs Room C3325, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0103

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA00

View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans

Abstract: This Rulemaking would revise the regulations in 41 CFR parts 60-250 and 60-300 implementing the nondiscrimination and affirmative action provisions of Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). This Rulemaking would strengthen the affirmative action requirements for Federal contractors and subcontractors. The rule would amend the regulations to require that Federal contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA and would require the use of benchmarks to measure the effectiveness of affirmative action efforts. The rule would also make revisions to recordkeeping requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-250; 41 CFR 60-300 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 793; 38 USC 4211 (2001) (amended 2002); 38 USC 4212 (2001) (amended 2002); EO 11758 (3 CFR 1971 to 1975 Comp. p 841)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/26/2011 76 FR 23358

NPRM Comment Period Extended 06/22/2011 76 FR 36482NPRM Comment Period End 07/11/2011

Final Rule 04/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1215-AB80 Agency Contact: Debra A. Carr Director, Division of Policy, Planning, and Program Development Department of Labor Office of Federal Contract Compliance Programs Room C3325, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0103

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA02

View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With

Disabilities

Abstract: This rulemaking would amend 41 CFR part 60-741, the nondiscrimination and affirmative action provisions of section 503. This rulemaking would strengthen the affirmative action requirements for Federal contractors and subcontractors. The rule would amend the regulations to require that Federal contractors and subcontractors increase conduct more substantive analyses of recruitment and placement actions taken under section 503. The rule would also increase the contractor's data collection obligations, make revisions to recordkeeping requirements, and establish a utilization goal to assist in measuring the effectiveness of the contractor's affirmative action efforts. In addition, the rule will incorporate changes to the nondiscrimination provisions necessitated by the passage of the ADA Amendments Act of 2008.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-741 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 706; 29 USC 793; EO 11758 (3 CFR 1971 to 1975 Comp p 841)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 07/23/2010 75 FR 43116

ANPRM Comment Period End 09/21/2010

NPRM 12/09/2011 76 FR 77056

NPRM Comment Period End 02/07/2012

Final Rule 04/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

RIN Information URL: www.dol.gov/ofccp Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB77 Agency Contact: Debra A. Carr Director, Division of Policy, Planning, and Program DevelopmentDepartment of Labor Office of Federal Contract Compliance Programs Room C3325, 200 Constitution Avenue NW., Washington, DC 20210 Washington , DC 20210

Phone: 202 693-0103

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) Office of the Secretary ( OS ) RIN: 1290-AA26

View Related Documents

Title: Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

Abstract: The Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, 29 CFR part 18, subpart A, provide procedural guidance to administrative law judges, claimants, employers, and Department of Labor representatives seeking to resolve disputes under a variety of employment and labor laws. The Office of Administrative Law Judges (OALJ) promulgated these regulations in 1983. The rules were modeled on the Federal Rules of Civil Procedure (Federal Rules) and have proved extraordinarily helpful in providing litigants with familiar rules governing hearing procedure. Since 1983, the Federal Rules have been amended many times. Moreover, in 2007 the Federal Rules were given a complete revision to improve style and clarity. The nature of litigation has also changed in the past 27 years, particularly in the areas of discovery and electronic records. Thus, OALJ needs to revise the part 18, subpart A rules to make them more accessible and useful to parties, and to harmonize administrative hearing procedures with the current Federal Rules. Our goal is amending the regulations to provide clarity through the use of consistent terminology, structure, and formatting so that parties have clear direction when pursuing or defending against a claim. In addition to revising the regulations to conform to modern legal procedure, the rules need to be modified to reflect the types of claims now heard by OALJ. When the rules were promulgated in 1983, OALJ primarily adjudicated occupational disease and injury cases. Presently, and looking ahead to the future, OALJ is and will be increasingly tasked with hearing whistleblower and other workplace retaliation claims, in addition to the occupational disease and injury cases. These types of cases require more structured management and oversight by the presiding administrative law judge and more sophisticated motions and discovery procedures than our current regulations provide. In order to best manage the complexities of whistleblower and discrimination claims, OALJ needs to update its rules to address the procedural questions that arise in these cases.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 18A (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 553; 5 USC 554; 5 USC 556; 5 USC 557; 5 USC 571 et seq
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/04/2012 77 FR 72141

NPRM Comment Period End 02/03/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Nikkia Wharton Attorney Department of Labor Office of the Secretary 800 K Street NW., Suite 400N, Washington, DC 20001-8002 Washington , DC 20001-8002

Phone: 202 693-7542E-Mail: wharton.nikkia@dol.goc

Department of Labor (DOL) Office of the Secretary ( OS ) RIN: 1290-AA25

View Related Documents

Title: Update to Regulations Governing Administrative Claims Under the Federal Tort Claims Act and Related Statutes

Abstract: The current Department of Labor regulations governing administration of claims under the Federal Tort Claims Act (FTCA) and other statutes that authorize payments for wrongful death, personal injury, and/or property damage have been in place since 1995. Since that time, experience in administering these regulations has provided a number of ideas of how these regulations may be streamlined, clarified, and improved. Furthermore, a number of changes have been made to the process whereby such claims are paid. Finally, the FTCA claims process is also described in two other regulatory sections issued by the Employment and Training Administration in connection with administration of the Job Corps; these sections have been consolidated to improve clarity and consistency with departmental regulations. In addition, minor clarifications could be made to these regulations in regard to administration of the Federal Employees' Compensation Act in connection with Job Corps enrollees. This was issued as an NPRM as well as a direct final rule. It became effective 60 days after date of publication in the Federal Register, since we did not receive a significant adverse comment by 30 days after date of publication in the Federal Register.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 638.526; 20 CFR 670.900; 29 CFR 15 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 8143; 28 USC 2672; 29 USC 2897; 31 USC 3721
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/13/2012 77 FR 22236

Direct Final Rule 04/13/2012 77 FR 22204

Comment Period End 06/12/2012

Direct Final Rule Effective 07/12/2012 77 FR 22204

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Catherine P. Carter Counsel for Claims and Compensation Department of Labor Office of the Secretary 200 Constitution Avenue NW., Suite S-4325, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-5320

E-Mail: carter.catherine@dol.gov

Department of Labor (DOL) Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA19

View Related Documents

Title: Compliance With the VOW to Hire Heroes Act on the Requirements of DVOPs and LVERs

Abstract: Section 241 of the VOW to Hire Heroes Act of 2011 ("VOW Act", title II of Pub. L. 112-56) requires the Secretary toconduct audits to ensure compliance with the mandated duties of DVOPs and LVERs. Further, the Act allows the Secretary to reduce funding to a state based on audit findings of non-compliance. In order to fully implement the VOW Act, we will undertake rulemaking to promulgate the standards that will be used in making compliance determinations. The rule will establish clear, enforceable standards for making determinations on funding reductions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 20 CFR 1001 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 112-56, sec 241
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No
Energy Affected: No Agency Contact: Heather Higgins Deputy Director, Office of National Programs Department of Labor Office of the Assistant Secretary for Veterans' Employment and Training 200 Constitution Avenue, NW, Room S1316, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-4700

E-Mail: higgins.heather@dol.gov

Department of Labor (DOL) Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA20

View Related Documents

Title: Annual Report from Federal Contractors

Abstract: The NPRM would propose rescinding the part 61-250 regulations which establish the VETS-100 reporting obligation. In addition, the NPRM would propose revising the part 61-300 regulations, which establish the VETS-100A reporting obligation, to require contractors to report the number or percentages of employees and new hires that are covered veterans.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 61-250 and 61-300 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 4211 and 4212
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:Action Date FR Cite

NPRM 06/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: William Kenan Torrans Deputy Director for Compliance and Investigations Department of Labor Office of the Assistant Secretary for Veterans' Employment and Training 200 Constitution Avenue, NW, Room S-1325, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-4731

FAX: 202 693-4755

E-Mail: torrans.william@dol.gov

Department of Labor (DOL) Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA18

View Related Documents

Title: Establishment of a Uniform National Threshold Entered Employment Rate for Veterans

Abstract: This rulemaking will establish a national threshold entered employment rate for veterans under State employment service delivery systems, as required by 38 U.S.C. 4102(c)(3)(B).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 38 USC 4102(c)(3)(B)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/18/2011 76 FR 9517

NPRM Comment Period End 04/19/2011

Final Action 12/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No Agency Contact: Ruth Samardick Director, Office of National Programs Department of Labor Office of the Assistant Secretary for Veterans' Employment and Training 200 Constitution Avenue NW., Room S1325, Washington, DC 20210 Washington , DC 20210

Phone: 202 693-4700