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. 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the semiannual publication of an 

agenda of regulations that contains a listing of all the regulations the Department of Labor expects to have 

under active consideration for promulgation, proposal, or review during the coming one-year period. The 

entirety of the Department’s semiannual agenda is available online at www.reginfo.gov. 

 The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to publish in the Federal Register a 

regulatory flexibility agenda. The Department’s Regulatory Flexibility Agenda published with this notice, 

includes only those rules on its semiannual agenda that are likely to have a significant economic impact 

on a substantial number of small entities; and those rules identified for periodic review in keeping with the 

requirements of section 610 of the Regulatory Flexibility Act. Thus, the regulatory flexibility agenda is a 

subset of the Department’s semiannual regulatory agenda. 

 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: THOMAS E. PEREZ, 

Secretary of Labor. 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
The 84 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Equal Employment Opportunity in Apprenticeship Amendment of Regulations 1205-AB59

Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended

Benefits Indicator and Amending for Technical Corrections 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

Employment and Training Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

Wage Methodology for the Temporary Nonagricultural Employment H-2B Program, Part 2 1205-AB69

Employment and Training Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

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

Employee Benefits Security Administration - PreRule

Title

Regulation 

Identifier 

Number

Standards for Brokerage Windows 1210-AB59

Employee Benefits Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Pension Benefit Statements 1210-AB20

Conflict of Interest Rule-Investment Advice 1210-AB32

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

Selection of Annuity Providers--Safe Harbor for Individual Account Plans 1210-AB58

Amendments to Excepted Benefits 1210-AB60

Employee Benefits Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Annual Funding Notice 1210-AB18

Mental Health Parity and Addiction Equity Act 1210-AB30

Target Date Disclosure 1210-AB38

Amendment of Abandoned Plan Program 1210-AB47

Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under the

Affordable Care Act 1210-AB56

3

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Employee Benefits Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Improved Fee Disclosure for Welfare Plans 1210-AB37

Amendment to Claims Procedure Regulation 1210-AB39

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

Employee Benefits Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient

Protection and Affordable Care Act 1210-AB44

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

Occupational Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Bloodborne Pathogens 1218-AC34

Infectious Diseases 1218-AC46

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

Standards Improvement Project IV 1218-AC67

Review/Lookback of OSHA Chemical Standards 1218-AC74

Process Safety Management and Prevention of Major Chemical Accidents 1218-AC82

Definition and Requirements for a Nationally Recognized Testing Laboratory 1218-AC83

Subpart E Scaffolds, Ladders and Other Working Surfaces 1218-AC85

Occupational Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Crystalline Silica 1218-AB70

Occupational Exposure to Beryllium 1218-AB76

Combustible Dust 1218-AC41

Injury and Illness Prevention Program 1218-AC48

Improve Tracking of Workplace Injuries and Illnesses 1218-AC49

Approved State Plans for Occupational Safety and Health 1218-AC76

Amendments to the Cranes and Derricks in Construction Standard 1218-AC81

Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury

and Illness 1218-AC84

Cranes and Derricks in Construction: Operator Certification 1218-AC86

Updating OSHA Standards Based on National Consensus Standards Eye and Face Protection 1218-AC87

Occupational Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

Confined 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

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

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Moving Ahead

for Progress in the 21st Century Act 1218-AC88

Occupational Safety and Health Administration - Long-term Action

Title

Regulation 

Identifier 

Number

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

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

Consensus Standard Update--Signage 1218-AC77

Revising Record Requirements in the Mechanical Power Presses Standard 1218-AC80

Mine Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Refuge Alternatives for Underground Coal Mines 1219-AB79

Regulatory Actions in Response to Recommendations Resulting From Investigation of the Upper Big Branch Explosion 1219-AB85

Mine Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Respirable Crystalline Silica 1219-AB36

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

Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record 1219-AB84

Mine Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

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

Wage and Hour Division - Proposed Rule

Title

Regulation 

Identifier 

Number

Family and Medical Leave Act of 1993, as Amended 1235-AA09

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

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title

Regulation 

Identifier 

Number

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

Office of Workers Compensation - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Office of Workers Compensation - Final Rule

Title

Regulation 

Identifier 

Number

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

Office of Workers Compensation - Completed Action

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 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 

Number

Construction 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 Individuals with

Disabilities 1250-AA02

Office of Federal Contract Compliance Programs - Completed Action

Title

Regulation 

Identifier 

Number

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

Office of the Secretary - Final Rule

Title

Regulation 

Identifier 

Number

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

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Labor Administrative Wage Garnishment 1290-AA27

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

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 09/00/2014 

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 

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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: Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended

Benefits Indicator and Amending for Technical Corrections

Abstract: Regulations at 20 CFR part 615 apply to the Extended Benefits (EB) program 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 computation of the TUR trigger

paralleled the computation 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 using rounding instead of truncation to

compute 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; Secretary's Order No 6-10

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014 

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

Federalism: No

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 Compensation (UC) 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) by adding subsection (I) to permit States to enact legislation that would allow State UC

programs to conduct drug testing on applicants for whom suitable work (as defined under the State law) is available only in an

occupation that regularly conducts drug testing or if the applicant was discharged for unlawful use of drugs. States may deny

UC benefits to an applicant who tests positive for drug use under the circumstances just described. The Department is required

under 303(I) of the Social Security Act 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: 20 CFR 620 (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); Secretary's Order No 6-10

Legal Deadline: None

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Plan:

Statement of Need: Required by section 2105 to the Middle Class Tax Act (P.L. 112-96).

Legal Basis: Required by section 2105. Middle Class Tax Act.

Alternatives: None based on statutory requirement.

Costs and Benefits: The proposed changes 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 because implementation

of drug testing is completely voluntary on the part of the States and will not result in costs in excess of $100 million. However,

this rule is considered a "significant regulatory action" as defined in section 3(f) of E.O. 12866, because it raises novel legal or

policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866. Before the

addition of Section 303(l)(1), SSA, the Secretary of Labor's interpretation of Federal law significantly limited the use of drug

testing in the UC program. Broadening the circumstances under which drug testing is permitted raises new legal and policy

issues.

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

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gay Gilbert 

Administrator, Office of Unemployment Insurance

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-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.) requiring 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: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 619 (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: Required by section 2104 of the Middle Class Tax Act (P.L. 112-96).

Legal Basis: Required by section 2104. Middle Class Tax Act

Alternatives: Section 2104 of the Act amends Title IX, SSA (42 U.S.C. 1101 et seq.) by adding a new section 911, which

requires the Department to issue rules, developed in consultation with an interagency workgroup established by the Office of

Management and Budget (OMB), that establish data exchange standards for certain functions related to administration of the

Unemployment Insurance (UI) program. Section 911(a)(1), SSA, requires that the Department "shall by rule designate a date

9

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
exchange standard for any category of information required under title III [42 U.S.C. 501 et seq.], title XII [ 42 U.S.C. 1401 et

seq], or this title [IX]." The Department will continue to review all other data exchanges and UI reporting to determine the

application of appropriate data exchange standards not established in this proposed final rule and where feasible.

Costs and Benefits: This rule has been designated a "significant regulatory action: because, although not economically

significant under section 3(f) of Executive Order 12866, it raises novel issues of law and policy. The Department anticipates that

the rule would have limited, if any, direct impact on employers above and beyond any impact that would occur in the absence of

the proposed rule. There will be an impact on States in adopting the real-time Interstate Connection Network (ICON)

applications, but this impact may be mitigated because many States are likely to modernize their Information Technology

operations in any event, which will require implementing these interoperable real-time applications. The Department estimates

that the one-time added burden for States to conform to the new data exchange standards for ICON will be minimal. State

Information Data Exchange System (SIDES) interfaces have been designed using Extended Markup Language (XML) and the

States and employers participating in SIDES automatically comply with the data exchange standard proposed. Therefore, there

is no additional cost burden for SIDES due to this proposed regulation. The rule will improve the interoperability of State,

Federal, and employer systems that collect and enhance information for UI administrative purposes by: (1) Improving the

efficiency and quality of the communications between States and employers and/or their Third Party Administrators (TPAs) that

are required to determine eligibility for UI benefits through the elimination of the need to create and mail hard copy documents;

(2) Increasing accuracy and reducing errors thereby enhancing program integrity (i.e., transparency, consistency) and customer

satisfaction (accuracy, flexibility); (3) Improving the timeliness of information transferred between States, employers, TPAs and

Federal agencies; and (4) Helping TPAs that serve employers in multiple States to train their employers in using uniform system

interfaces, thereby improving efficiency, timeliness, and accuracy.

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

Timetable:

Action Date FR Cite

NPRM 02/25/2013 78 FR 12655 

NPRM Comment Period End 04/26/2013 

Final Rule 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gay Gilbert 

Administrator, Office of Unemployment Insurance

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-AB69

 View Related Documents

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

Abstract: In an interim final rule (IFR) published in April, 2013, DHS and DOL amended their regulations governing the

methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connected

with the application for employment certification of nonimmigrant workers in temporary or seasonal non-agricultural employment.

That prevailing wage is then used by employers in petitioning the DHS to allow nonimmigrant workers to enter the U.S. in H-2B

status. DOL and DHS jointly issued this rule in response to the court's order in Comite de Apoyo a los Trabajadores Agricolas

v. Solis, which vacated a provision of DOL's prevailing wage rate regulation, and to ensure that the rule is in effect nationwide in

light of other outstanding litigation. The IFR requested comments from the public on a variety of regulatory and policy issues,

and the final rule will consider the public's input and make revisions to the regulations as warranted.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR 655; 8 CFR 214 (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: 

Action Source Description Date

Other Judicial Judicial order 04/22/2013 

Timetable:

10

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Action Date FR Cite

Interim Final Rule 04/24/2013 78 FR 24047 

Interim Final Rule Effective 04/24/2013 

Interim Final Rule Comment Period End 06/10/2013 

Final Rule 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 1205-AB61 Related Agencies: Joint: USCIS

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-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, further amended the effective date of the Wage Final Rule to October 1, 2013.

However, the Final Rule published on August 30, 2013, postpones the effective date indefinitely.

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 

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 3452 

Final 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 

11

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 Delay of Effective Date 03/29/2013 78 FR 19098 

Final Rule Delay of Effective Date 07/23/2013 78 FR 44054 

Final Rule Indefinite Delay of Effective Date 08/30/2013 78 FR 53643 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business 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-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). This regulatory action is needed to remove subpart C as obsolete.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR subpart C (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1188; 8 USC 1184(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 11/20/2013 78 FR 69541 

Effective Date 11/20/2013 

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 3-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

12

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

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

Timetable:

Action Date FR Cite

Final Rule 11/20/2013 78 FR 69538 

Effective Date 11/20/2013 

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-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 H-1A status for certain 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.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No 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

Timetable:

Action Date FR Cite

Final Rule 11/20/2013 78 FR 69539 

Effective Date 11/20/2013 

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

13

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB59

 View Related Documents

Title: Standards for Brokerage Windows

Abstract: Employee Benefits Security Administration(EBSA) will review the use of brokerage windows in participant-directed

individual account retirement plans covered by the Employee Retirement Income Security Act of 1974 (ERISA). Instead of

offering a limited number of investment options chosen by a plan fiduciary, a brokerage window may give plan participants

access to a broad range of diverse investment alternatives available on the market. This rulemaking project will explore

whether, and to what extent, regulatory guidance on fiduciary requirements and regulatory safeguards for such arrangements

are appropriate for plans that allow participants to direct investments through brokerage windows. EBSA expects to begin this

review by issuing a Request for Information.

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 1135; ERISA Sec 505; 29 USC 1104; ERISA Sec 404

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 04/00/2014 

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., 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-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: Proposed Rule

Major: No Unfunded Mandates: No

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 

Timetable:

Action Date FR Cite

ANPRM 05/08/2013 78 FR 26727 

ANPRM Comment Period End 07/08/2013 

Extension of ANPRM 07/15/2013 78 FR 42027 

Comment Period End 08/07/2013 

NPRM 08/00/2014 

14

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory 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: Conflict of Interest Rule-Investment Advice

Abstract: This rulemaking would reduce harmful conflicts of interest by amending the regulatory definition of the term "fiduciary"

set forth at 29 CFR 2510.3-21 (c) to more broadly define as fiduciaries employee benefits plans and individual retirement

accounts (IRAs) those persons who render investment advice to plans and IRAs for a fee within the meaning of section 3(21) of

the Employee Retirement Income Security Act (ERISA) and section 4975(e)(3) of the Internal Revenue Code. The amendment

would take into account current practices of investment advisers and the expectations of plan officials and participants and IRAs

owners who receive investment advice, as well as changes that have occurred in the investment marketplace and in the ways

advisers are compensated that frequently subject advisers to harmful conflicts of interest.

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 08/00/2014 

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 

15

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 Employee 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: Other 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

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

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 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-AB58

 View Related Documents

Title: Selection of Annuity Providers--Safe Harbor for Individual Account Plans

Abstract: The Department in 2008 issued a regulation pursuant to section 404 of the Employee Retirement Income Security

Act that establishes a safe harbor for satisfaction of fiduciary responsibilities in selecting an annuity provider and contract for

benefit distributions from an individual account retirement plan. See 29 CFR section 2550.404a-4. More recently, the

Department and the Department of the Treasury published a Request for Information Regarding Lifetime Income Options for

Participants and Beneficiaries in Retirement Plans (RFI), seeking comments on what measures the Departments could take to

encourage such plans to offer annuities or other arrangements that provide a lifetime stream of income after retirement. See 75

FR 5253 (Feb. 2, 2010). Based on the RFI comments, the Department is developing proposed amendments to the annuity

selection safe harbor primarily focused on the condition in the safe harbor relating to the ability of the annuity provider to make

all future payments under the annuity contract.

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: 29 USC 1104; ERISA sec 404; 29 USC 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2014 

16

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

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-AB60

 View Related Documents

Title: Amendments to Excepted Benefits

Abstract: This document contains proposed rules that would amend the regulations regarding excepted benefits under the

Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act, as amended

by the Health Insurance Portability and Accountability Act (HIPAA) and the Patient Protection and Affordable Care Act

(Affordable Care Act).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

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 of

Federal 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: 

17

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Action Source Description Date

Other Statutory 08/18/2007 

Timetable:

Action Date FR Cite

NPRM 11/18/2010 75 FR 70625 

NPRM Comment Period End 01/18/2011 

Final Rule 03/00/2014 

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: Final 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: 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

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 

18

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Interim Final Rule Comment Period End 05/03/2010 

Final Rule 12/00/2013 

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-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 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 investmentrelated information, including fee and expense information, to participants and beneficiaries in participant-directed individual

account plans (the participant-level disclosure regulation). The proposed rulemaking also will amend the participant-level

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: Final 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

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 

Final Rule 03/00/2014 

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-AB47

19

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 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: Final 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: None

Timetable:

Action Date FR Cite

NPRM 12/12/2012 77 FR 74063 

NPRM Comment Period End 02/11/2013 

Final Rule 04/00/2014 

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-AB56

 View Related Documents

Title: Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under the

Affordable Care Act

Abstract: The Patient 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 (PHS) Act. These regulations

provide guidance on the 90-day waiting period limitation under section 2708 of the PHS Act and makes technical amendments

to regulations to conform to Affordable Care Act provisions already in effect, as well as those that will become effective

beginning 2014.

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: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/21/2013 78 FR 17313 

NPRM Comment Period End 05/20/2013 

Final Rule 02/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Related Agencies: Joint : OCIIO; Joint : IRS

Agency Contact: Amy J. Turner 

Senior Advisor

20

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

 View Related Documents

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

Timetable:

Action Date FR Cite

Next Action Undetermined

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., 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

Timetable:

21

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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-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

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-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 additional

RINs 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: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-16; 29 CFR 2950.715-2713 (To search for a specific CFR, visit the Code of Federal Regulations

) 

22

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Authority: ERISA section 3(16); ERISA section 505; PHS Act section 2713 (incorporated into ERISA section 715);

ERISA section 734

Legal Deadline: None

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 02/06/2013 78 FR 8456 

NPRM Comment Period End 04/08/2013 

Final Rule 07/02/2013 78 FR 39870 

Final Action Effective 08/01/2013 

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

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-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: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2590.715-2705 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 1027, 1059, 1135, 1161 to 1169, 1181 to 1183, 1181 (note), 1185 and 1185a; 1185b, 1185d, 1191,

1191a, 1191b, and 1191c; sec 101(g), PL 104-191, 110 stat 1936; sec 401(b); PL 105-200, 112 stat 645 (42 USC 651 note);

sec 512(d), PL 110-343, 122 stat 3881; sec 1001, 1201 and 1562(e), PL 111-148, 124 stat 119, as amended by PL 111-152;

124 stat 1029; Secretary of Labor’s Order 1-2011, 77 FR 1088 (January 9, 2012)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/26/2012 77 FR 70619 

NPRM Comment Period End 01/25/2013 

Final Rule 06/03/2013 78 FR 33157 

Final Rule Effective 08/02/2013 

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

Federalism: No

Related Agencies: Joint : OCIIO; Joint : IRS

Agency Contact: Amy J. Turner 

Senior Advisor

23

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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) 

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: PreRule

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

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 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jens Svenson 

Deputy Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3641, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2400

FAX: 202 693-1641

E-Mail: svenson.jens@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, Methicillin-resistant Staphylococcus aureus (MRSA), and other infectious diseases that can be transmitted through a

variety of exposure routes. OSHA is concerned about the ability of employees to continue to provide health care and other

critical services without unreasonably jeopardizing their health. OSHA is considering the need for a standard to ensure that

employers establish a comprehensive infection control program and control measures to protect employees from infectious

disease exposures to pathogens that can cause significant disease. Workplaces where such control measures might be

necessary include: health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and

other occupational settings where employees can be at increased risk of exposure to potentially infectious people. A standard

could also apply to laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners'

offices, medical examiners, and mortuaries.

24

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

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 settings 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 12/30/2010 

Stakeholder Meetings 07/29/2011 

Initiate SBREFA 01/00/2014 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Local; State

Federalism: Undetermined

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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 published an RFI (77 FR 18973; March 29, 2012) that sought information on two subjects: 1) preventing

backover injuries; and 2) hazards and risks of reinforcing concrete operations in construction, including post-tensioning. Backing

vehicles and equipment are common causes of struck-by injuries and can also cause caught-between injuries when backing

vehicles and equipment pin a worker against an object. Struck-by injuries and caught-between injuries are two of the four

leading causes of workplace fatalities. The Bureau of Labor Statistics reports that in 2011, 75 workers were fatally backed over

while working. While many backing incidents can prove to be fatal, workers can suffer severe, non-fatal injuries as well. A review

of OSHA's IMIS database found that backing incidents can result in serious injury to the back and pelvis, fractured bones,

concussions, amputations, and other injuries. Emerging technologies in the field of backing operations may prevent incidents.

The technologies include cameras and proximity detection systems. The use of spotters and internal traffic control plans can

also make backing operations safer. The Agency has held stakeholder meetings on backovers and is conducting site visits to

employers. Current rules regarding reinforcing steel and post-tensioning activities may not adequately address worker hazards

25

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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's IMIS data indicates that 31 workers died while performing work on or near post-tensioning

operations or reinforcing steel between 2000 and 2009. 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 post-tensioning activities are at risk for incidents caused by the misuse of post-tensioning equipment and

improper training. The Agency is continuing to seek information about injuries and hazards of reinforcing steel operations.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined 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

Timetable:

Action Date FR Cite

Request for Information 03/29/2012 77 FR 18973 

Comment Period End 07/27/2012 

Analyze Comments (Concrete) 04/00/2014 

Initiate SBREFA (Backovers) 06/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

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 focused primarily to its

construction standards in 29 CFR 1926.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

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

Timetable:

Action Date FR Cite

Request for Information 12/06/2012 77 FR 72781 

Request for Information Comment Period Ends 02/04/2013 

ACCSH Review 11/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

26

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 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 decisions. 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: No

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

Timetable:

Action Date FR Cite

Request for Information 12/00/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC82

 View Related Documents

Title: Process Safety Management and Prevention of Major Chemical Accidents

Abstract: In accordance with the Executive Order, Improving Chemical Facility Safety and Security, Occupational Safety and

Health Administration (OSHA) intends to issue a Request for Information (RFI). The RFI will identify issues related to

modernization of the Process Safety Management standard and related standards necessary to meet the goal of preventing

major chemical accidents.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

27

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
CFR Citation: 29 CFR 1910.119 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655; 29 USC 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 11/00/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC83

 View Related Documents

Title: Definition and Requirements for a Nationally Recognized Testing Laboratory

Abstract: OSHA proposes to issue a Request for Information (RFI) for the Nationally Recognized Testing Laboratory (NRTL)

Program. The NRTL Program was recently the subject of a GAO study, which recommended that Occupational Safety and

Health Administration (OSHA) reexamine the NRTL Program's structure and accreditation application procedures to identify and

implement any alternatives that better align program design with resource levels and improve program timelines. As a result of

the complexity of several issues identified in the GAO study, OSHA needs to gather more information before it can address

some of the items identified and determine whether it must undertake rulemaking. The proposed RFI will solicit information on

those topics identified in the GAO study as well as other topics proposed through discussions with stakeholders. Such topics

include, but are not limited to, the use of a third party accreditation model, increased alignment with international standards, and

allowable certification marks for the NRTL Program.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1910.7; 29 CFR 1910.7 app A (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations 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: Amanda Edens 

Director, Directorate of Technical Support and Emergency Management

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3653, FP Building, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2300

FAX: 202 693-1644

E-Mail: edens.mandy@dol.gov

28

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC85

 View Related Documents

Title: Subpart E Scaffolds, Ladders and Other Working Surfaces

Abstract: Existing 29 CFR Part 1915, Subpart E Scaffolds Ladders and Other Working Surfaces includes scaffolds or staging,

ladders, guarding of deck openings and edges, access to vessels, access to and guarding of dry docks and marine railways,

access to cargo spaces and confined spaces, and working surfaces. These requirements are not comprehensive in their

coverage of fall hazards in shipyards. In addition, provisions will be updated to reflect technological advances, while other

provisions will be revised to be consistent with national consensus standards. Since this would result in a large, cumbersome

subpart, Occupational Safety and Health Administration (OSHA) will request information in dividing this rulemaking into three

subparts: Subpart E Stairways, Ladders and Other Access and Egress; Subpart M Fall Protection; and Subpart N Scaffolds. The

estimated number of annualized fatalities associated with each subpart are: Subpart E Stairways, Ladders and Other Access

and Egress. Approximately 1 to 2 fatalities are occurring each year; Subpart M Fall Protection. Approximately 3 to 4 fatalities in

shipyards, associated with falls from elevations, are occurring each year; Subpart N Scaffolds. Approximately 1 fatality is

occurring each year.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1915.71 to 1915.77; subpart E; Scaffolds, Ladders & Other Working Surfaces (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 41, Longshore and Harbor Workers Compensation Act (33 USC 941); sec 4, 6, and 8 Occupational

Safety and Health Act of 1970 (29 USC 653, 655, 657); Secretary of Labor’s Order No. 12-71 (36 FR 8754); 8-76 (41 FR

25059), or 9-83 (48 FR 35736) as applicable; 29 CFR 1911

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 08/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department 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 Occupational

Safety and Health Administration (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. National Institute for Occupational Safety and Health (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.

29

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Private Sector

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 2006 to 2010 silicosis was identified on 617 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.

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 09/12/2013 78 FR 56274 

Extension of Deadline for Submitting Notices of Intention to Appear at

Public Hearing 10/31/2013 78 FR 65242 

Extension of Comment Period 10/31/2013 78 FR 65242 

Scheduling of Public Hearing 10/31/2013 78 FR 65242 

NPRM Comment Period End 12/11/2013 

Extension of Comment Period End 01/27/2014 

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

Federalism: Yes

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB76

30

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 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: 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

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 04/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC41

 View Related Documents

Title: Combustible Dust

Abstract: Occupational Safety and Health Administration (OSHA) has commenced rulemaking to develop a combustible dust

standard for general industry. The U.S. Chemical Safety Board (CSB) completed a study of combustible dust hazards in late

2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured another 718.

Based on these findings, the CSB recommended the Agency pursue a rulemaking on this issue. OSHA has previously

addressed aspects of this risk. For example, on July 31, 2005, OSHA published the Safety and Health Information Bulletin,

"Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions." Additionally, OSHA implemented a

Combustible Dust National Emphasis Program (NEP) March 11, 2008, launched a new webpage, and issued several other

guidance documents. However, the Agency does not have a comprehensive standard that addresses combustible dust hazards.

OSHA will use the information gathered from the NEP to assist in the development of this rule. OSHA published an ANPRM

October 21, 2009. Additionally, stakeholder meetings were held in Washington, DC, on December 14, 2009, in Atlanta, GA, on

February 17, 2010, and in Chicago, IL, on April 21, 2010. A webchat for combustible dust was also held on June 28, 2010 and

an expert forum was convened on May 13, 2011

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

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 655(b); 29 USC 657

31

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Deadline: None

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 10739 

Initiate SBREFA 04/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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: 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 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.

32

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Risks: A detailed risk analysis is underway.

Timetable:

Action Date FR Cite

Stakeholder Meetings 06/03/2010 75 FR 35360 and 75 FR

23637 

Initiate SBREFA 01/06/2012 

NPRM 09/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

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: Occupational Safety and Health Administration (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: 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: 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 

Public Meeting 01/09/2013 

NPRM 11/08/2013 78 FR 67253 

Notice of Public Meeting 11/15/2013 78 FR 68782 

NPRM Comment Period End 02/06/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

33

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Federalism: No

Agency Contact: Jens Svenson 

Deputy Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3641, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2400

FAX: 202 693-1641

E-Mail: svenson.jens@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC76

 View Related Documents

Title: Approved State Plans for Occupational Safety and Health

Abstract: Occupational Safety and Health Administration (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. These

changes will also necessitate cleanup within 29 CFR section 1902. 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. OSHA will publish a Direct Final Rule (DFR) concurrently with a Notice of Proposed Rulemaking (NPRM). If OSHA

does not receive significant adverse comment on the DFR, it will confirm the effective date of the DFR and with draw the

NPRM. If OSHA does receive a significant adverse comment, it will withdraw the DFR and proceed with the rule proposal

process

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1902; 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

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

Direct Final Rule 01/00/2014 

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-AC81

 View Related Documents

Title: Amendments to the Cranes and Derricks in Construction Standard

Abstract: OSHA is proposing corrections and amendments to the final standard for cranes and derricks published in August,

2010. The standard has a large number of provisions designed to improve crane safety and reduce worker injury and fatality.

The proposed amendments: correct references to power line voltage for direct current (DC) voltages as well as alternating

current (AC) voltages; broadens the exclusion for forklifts carrying loads under the forks from "winch or hook" to "with a boom or

jib, winch, wire rope, and hook or other means of attachment"; clarifies an exclusion for work activities by articulating cranes;

34

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
provides four definitions inadvertently omitted in the final standard; replaces "minimum approach distance" with "minimum

clearance distance" throughout to remove ambiguity; clarifies the use of demarcated boundaries for work near power lines;

corrects an error permitting body belts to be used as a personal fall arrest system rather than a personal fall restraint system;

replaces the verb "must" with "may" used in error in several provisions; corrects an error in a caption on standard hand signals;

and resolves an issue of "NRTL-approved" safety equipment (e.g., proximity alarms and insulating devices) that is required by

the final standard, but is not yet available.

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

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

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-AC84

 View Related Documents

Title: Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury

and Illness

Abstract: OSHA is proposing to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate

records of work-related injuries and illnesses is an ongoing obligation. The duty to make and maintain an accurate record of an

injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or

illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1904.0; 29 CFR 1904.4; 29 CFR 1904.29; 29 CFR 1904.32; 29 CFR 1904.33; 29 CFR 1904.35; 29 CFR

1904.40; ... (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 857(c), (g); 29 USC 673 (a), (e); 29 USC 651 (b)(12)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

35

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
E-Mail: perry.bill@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC86

 View Related Documents

Title: Cranes and Derricks in Construction: Operator Certification

Abstract: On August 9, 2010, OSHA issued a final standard establishing requirements for cranes and derricks used in

construction work. The standard requires employers to ensure that crane operators on construction sites are certified by

November 10, 2014; until that date, employers must ensure that operators are competent to safely operate a crane. After the

standard was issued, a number of parties informed OSHA of serious problems and limitations associated with the crane

operator certification-that it would not guarantee sufficient safety on construction sites. OSHA has decided to address these

problems through (separate) possible rulemaking on operator qualification. To ensure safe operation of cranes beyond

November, 2014, the Agency is extending the existing employer responsibility to ensure crane operator competency by 3 years

to November, 2017. The enforcement date for operators to be certified will also extended by 3 years in the proposal.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1926.1427 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 40 USC 3701 et seq; 5 USC 553; Secretary of Labor's Order No. 1-

2012 (77 FR 3912, Jan 25, 2012); 29 CFR part 1911; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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-AC87

 View Related Documents

Title: Updating OSHA Standards Based on National Consensus Standards Eye and Face 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

multi-year project to update these standards. A notice describing the project was published in November 2004 (69 FR 68283).

The Personal Protective Equipment (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 2010 edition of the Eye

and Face Protection (ANSI Z-87.1) consensus standard. OSHA intends to publish a Direct Final Rule to incorporate the 2010

edition of the American National Standard, Z87.1 Eye and Face Protection for general industry, shipyard employment, long

shoring, marine terminals, and construction industries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

36

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

Timetable:

Action Date FR Cite

NPRM/Direct Final Rule 09/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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

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 02/00/2014 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

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

37

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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. Occupational Safety

and Health Administration (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

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 11/00/2013 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Local

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB80

 View Related Documents

38

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

Abstract: In 1990, OSHA published a 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. As a result of issues raised in

comments to the 1990 NPRM, OSHA published a notice to reopen the rulemaking for comment on May 2, 2003. Based on

comments received on the 2003 notice, OSHA determined that the rule proposed in 1990 was out-of-date and did not reflect

current industry practice or technology. The Agency published a second proposed rule on May 24, 2010, which reflected current

information and increased consistency with other OSHA standards. 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

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 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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 final procedures for the

handling and 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), includes a whistleblower

protection provision that is 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 amended 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. The final rule under STAA

was published on September 27, 2012. Pursuant to these statutes, the rules set forth the procedures for handling and

39

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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

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 (FRSA) 02/00/2014 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Beth S. Slavet 

Director, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2199

E-Mail: slavet.beth@dol.gov

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 require

employers to report to OSHA within 8 hours any work-related incident resulting in the death of an employee or the inpatient

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

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 04/00/2014 

40

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Jens Svenson 

Deputy Director, Directorate of Evaluation and Analysis

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3641, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2400

FAX: 202 693-1641

E-Mail: svenson.jens@dol.gov

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, the procedures 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

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 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Beth S. Slavet 

Director, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2199

E-Mail: slavet.beth@dol.gov

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

41

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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.The SPA interim final rule was published February 6, 2013. 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

Timetable:

Action Date FR Cite

Interim Final Rule (SPA) 02/06/2013 78 FR 8390 

Interim Final Rule Comment Period End 04/08/2013 

Interim Final Rule (FSMA) 11/00/2013 

Interim Final Rule (DFA) 02/00/2014 

Final Action (SPA) 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Beth S. Slavet 

Director, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2199

E-Mail: slavet.beth@dol.gov

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. Occupational Safety and Health Administration(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; therefore, OSHA is removing these two provisions. OSHA will publish a notice

42

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
announcing a limited reopening of the record to address these two issues.

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

Timetable:

Action Date FR Cite

Remand 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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.

Related RINs: Related to 1218-AA56

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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. The ACA interim final rule was published February 27, 2013.

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

Timetable:

Action Date FR Cite

Interim Final Rule 02/27/2013 78 FR 13222 

Interim Final Rule Effective 02/27/2013 

Interim Final Rule Comment Period End 04/29/2013 

Final Action 07/00/2014 

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: Beth S. Slavet 

Director, Directorate of Whistleblower Protection Programs

Department of Labor

43

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2199

E-Mail: slavet.beth@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC88

 View Related Documents

Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Moving Ahead for

Progress in the 21st Century Act

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section

31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). This section protects employees from retaliation by

motor vehicle manufacturers, part suppliers, and dealerships for providing information to the employer of the U.S. Department of

Transportation about motor vehicle defects, noncompliance, or violations of the notification or reporting requirements enforced

by the National Highway Traffic Safety Administration or for engaging in related protected activities as set forth in the provision.

Pursuant to this statute, 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. Promulgation of a regulation is necessary to govern

whistleblower investigations conducted under this new statute.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 2 CFR 1988 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 USC 30170 (PL 112-141)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Beth S. Slavet 

Director, Directorate of Whistleblower Protection Programs

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-4624, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-2199

E-Mail: slavet.beth@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 under

what 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 ) 

44

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669

Legal Deadline: None

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: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC33

 View Related Documents

Title: 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. The National Institute for Occupational Safety and Health (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: Completed 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

Timetable:

Action Date FR Cite

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 

Withdrawn 08/22/2013 

45

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC77

 View Related Documents

Title: Consensus Standard Update--Signage

Abstract: Occupational Safety and Health Administration (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 nonEnglish 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) concurrently 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 a significant

adverse comment, it will withdraw the DFR and proceed with the rule proposal process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

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

Timetable:

Action Date FR Cite

NPRM 06/13/2013 78 FR 35585 

Direct Final Rule 06/13/2013 78 FR 35559 

NPRM Comment Period End 07/15/2013 

Direct Final Rule Effective 09/11/2013 

Withdrawal of NPRM 11/04/2013 78 FR 65932 

Effective Date of Withdrawal 11/04/2013 

Confirmation of Effective Date of Direct Final Rule 11/06/2013 78 FR 66642 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

46

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC80

 View Related Documents

Title: Revising Record Requirements in the Mechanical Power Presses Standard

Abstract: As part of the Department of Labor's burden hour and cost reduction initiatives, OSHA examined 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, Occupational Safety and Health Administration (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. OSHA is examining removing the requirement that employers

certify weekly inspections of equipment in the Mechanical Power Press standard to reduce paperwork burden without adversely

affecting worker safety and health.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

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

Timetable:

Action Date FR Cite

NPRM 11/20/2013 78 FR 69606 

Direct Final Rule 11/20/2013 78 FR 69543 

Effective 11/20/2013 

Comment Period End 12/20/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Acting Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB79

 View Related Documents

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: No Unfunded Mandates: No

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

47

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

Request for Information 08/08/2013 78 FR 48593 

Extension of Comment Period 09/23/2013 78 FR 58264 

Comment Period Ends 10/07/2013 

Extension of Comment Period Ends 12/06/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

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: 202 693-9440

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB85

 View Related Documents

Title: Regulatory Actions in Response to Recommendations Resulting From Investigation of the Upper Big Branch Explosion

Abstract: In response to recommendations resulting from MSHA's investigation of the Upper Big Branch (UBB) mine explosion

and MSHA's internal review of its actions at UBB, MSHA is initiating a new regulatory action that would address issues related

to the explosion. The request for information will request data, comments, and information on issues related to rock dusting,

ventilation, mine examinations, certified persons, and MSHA-approved instructors.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 03/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

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: 202 693-9440

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB36

 View Related Documents

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

48

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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/m3) of silica. National Institute for Occupational Safety and Health (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 06/00/2014 

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: 202 693-9440

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB72

 View Related Documents

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

49

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 12/00/2013 

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: 202 693-9440

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 of 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.

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:

50

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 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 05/00/2014 

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: 202 693-9440

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 the 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

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

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

51

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209 

Phone: 202 693-9440

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: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 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

Timetable:

Action Date FR Cite

Limited Reopening of the Record 08/08/2013 78 FR 48591 

Limited Reopening of Record - Comment Period Ends 10/07/2013 

Limited Reopening of the Record 11/15/2013 78 FR 68783 

Limited Reopening of Record Comment Period End 12/16/2013 

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: 202 693-9440

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 Respirable 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

52

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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); 30 USC 957

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 10/19/2010 75 FR 64412 

Notice of Public Hearings; Corrections 11/15/2010 75 FR 69617 

NPRM-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 

NPRM Comment Period End 02/28/2011 

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 12/00/2013 

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: 202 693-9440

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

53

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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.

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 02/00/2014 

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

Related RINs: Related to 1219-AB78

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: 202 693-9440

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov

Department of Labor (DOL)

Wage and Hour Division ( WHD ) RIN: 1235-AA09

 View Related Documents

Title: Family and Medical Leave Act of 1993, as Amended

54

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Abstract: The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected

leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and

conditions as if the employee had taken leave. Eligible employees may take FMLA leave, among other reasons, to care for the

employee's spouse who has a serious health condition. The Department proposes to revise the definition of "spouse" in light of

the United States Supreme Court's decision in United States v. Windsor.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed 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

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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-AA04

 View 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.

55

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 of several types

of hoisting apparatus. The Department seeks information to ensure that its current nonenforcement position regarding the

application of HO7 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

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-AA05

 View Related Documents

56

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 service employees. In light of significant changes in the home care

industry, the DOL has finalized updating regulations at 29 CFR part 552, Application of the FLSA to Domestic Service, including

examination of 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: Completed Action

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

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 10/01/2013 78 FR 60454 

Final Rule Effective 01/01/2015 

Additional Information: Previously reported as 1215-AB85.

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations 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) 

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

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

57

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Antonio Rios 

Director, Division 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: 202 693-1380

E-Mail: rios.antonio@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 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: Final 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

Timetable:

Action Date FR Cite

NPRM 06/13/2013 78 FR 35575 

Direct Final Rule 06/13/2013 78 FR 35549 

NPRM Comment Period End 08/12/2013 

Direct Final Rule - Withdrawn 08/30/2013 78 FR 53645 

Final Action 03/00/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Gerald Delo 

Acting 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: 202 343-5904

E-Mail: delo.gerald@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.

58

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
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 claims

affected by the amendments and set the criteria for establishing entitlement to benefits under the amendments.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

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

Timetable:

Action Date FR Cite

NPRM 03/30/2012 77 FR 19456 

NPRM Comment Period End 05/29/2012 

Final Rule 09/25/2013 78 FR 59102 

Final Rule Effective 10/25/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Gerald Delo 

Acting 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: 202 343-5904

E-Mail: delo.gerald@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

Timetable:

Action Date FR Cite

NPRM 10/00/2014 

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

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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 03/00/2014 

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

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Department of Labor (DOL) 

Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA01

 View 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 04/00/2014 

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

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Department of Labor (DOL) 

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

 View Related Documents

Title: 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 Office of Federal Contract Compliance Programs

(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 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

Timetable:

Action Date FR Cite

ANPRM 08/10/2011 76 FR 49398 

ANPRM Comment Period Closed 10/11/2011 

NPRM 01/00/2014 

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 12086

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014 

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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-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 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: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: Private Sector

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

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 

NPRM Comment Period Extended 02/10/2012 77 FR 7108 

NPRM Comment Period End 02/21/2012 

Final Rule 09/24/2013 78 FR 58681 

Effective Date 03/24/2014 

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 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

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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 the 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: Completed Action

Major: Yes Unfunded Mandates: Private Sector

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

Timetable:

Action Date FR Cite

NPRM 04/26/2011 76 FR 23358 

NPRM Comment Period Extended 06/22/2011 76 FR 36482 

NPRM Comment Period End 07/11/2011 

Final Rule 09/24/2013 78 FR 58613 

Effective Date 03/24/2014 

Regulatory Flexibility Analysis Required: No 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 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

(OALJ) govern practice and procedure in proceedings before United States Department of Labor administrative law judges. The

regulations were first published as a final rule in 1983 and were modeled on the Federal Rules of Civil Procedure (FRCP). A

Notice of Proposed Rulemaking was published in the Federal Register on December 4, 2012 requesting public comment on

proposed revisions to and reorganization of these regulations. The revisions make the regulations more accessible and useful to

parties. The revisions also harmonize administrative hearing procedures with the current FRCP and with the types of claims

now heard by OALJ, which increasingly involve whistleblower and other workplace retaliation claims, in addition to a

longstanding caseload of occupational disease and injury claims.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final 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 301; 5 USC 551 to 557; 5 USC 571 et seq; EO 12778; 57 FR 7292

Legal Deadline: None

64

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 12/04/2012 77 FR 72141 

NPRM Comment Period End 02/03/2013 

Final Rule 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Todd Smyth 

Senior Attorney Advisor

Department of Labor

Office of the Secretary

800 K Street, NW, Suite 400 N, Washington, DC 20001-8002

Washington , DC 20001-8002 

Phone: 202 693-7542

E-Mail: smyth.todd@dol.gov

Department of Labor (DOL)

Office of the Secretary ( OS ) RIN: 1290-AA27

 View Related Documents

Title: Department of Labor Administrative Wage Garnishment

Abstract: The regulation provides procedures DOL, in conjunction with Treasury, uses to collect money by means of

administrative wage garnishment from debtors to satisfy delinquent nontax debts owed to DOL. In accordance with procedures

set forth in 31 CFR 285.11, DOL, through the Department of Treasury, may request that a non-Federal employer garnish the

disposable pay of an individual. It outlines a notice and hearing process for debtors to challenge garnishment orders. The

Treasury Department, in collaboration with the Office of Management and Budget, has been looking for ways to improve debt

collection across the Federal government. Twenty-nine other agencies have already implemented the wage garnishment tool,

and OCFO believes it would be useful for DOL to follow their example.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 31 CFR 285.11 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: The Debt Collection Improvement Act of 1996, 31 USC sec 3720D

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2014 

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

Federalism: Undetermined

Energy Affected: No

Agency Contact: Sheila Alexander 

Accountant, Office of the Chief Financial Officer

Department of Labor

Office of the Secretary

200 Constitution Avenue NW., FP Building, Room S-4030, Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-4472

FAX: 202 693-6963

E-Mail: alexander.sheila@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 to

conduct audits to ensure compliance with the mandated duties of DVOPs and LVERs. Further, the Act allows the Secretary to

65

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
reduce funding to a State based on audit findings of non-compliance. In order to fully implement the VOW Act, VETS will

undertake a Notice of Proposed Rulemaking (NPRM) to promulgate the standards that will be used in making compliance

determinations. The NPRM 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

Timetable:

Action Date FR Cite

NPRM 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Joel Delofsky 

Senior Program Analyst, Office of National Programs

Department of Labor

Office of the Assistant Secretary for Veterans' Employment and Training

230 South Dearborn, Suite 1065, Chicago, IL 60604

Chicago , IL 60604 

Phone: 312 353-4942

E-Mail: delofsky.joel@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 Notice of Proposed Rulemaking (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 of employees and new hires that are covered

veterans. The NPRM also would propose renaming the annual report prescribed by the part 61-300 regulations the Federal

Contractor Veterans' Employment Report VETS-4212 ("VETS-4212 Report").

Priority: Substantive, Nonsignificant 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

Timetable:

Action Date FR Cite

NPRM 02/00/2014 

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

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