DEPARTMENT OF LABOR 

Office of the Secretary 

20 CFR Chs. I, IV, V, VI, VII, and IX 

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV 

30 CFR Ch. I 

41 CFR Ch. 60 

48 CFR Ch. 29 

Unified Agenda of Regulatory and Deregulatory Actions 

AGENCY: Department of Labor. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Internet has become the means for disseminating the entirety of the Department of 

Labor’s semiannual regulatory agenda. However, the Regulatory Flexibility Act requires publication of a 

regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the 

regulatory flexibility agenda. 

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of Regulatory Policy, 

Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., 

Room S-2312, Washington, DC 20210; (202) 693-5959. 

Note: Information pertaining to a specific regulation can be obtained from the agency contact listed for 

that particular regulation. 

SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the semiannual publication of an 

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

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

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

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

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

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
includes only those rules on its semiannual agenda that are likely to have a significant economic impact 

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

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

subset of the Department’s semiannual regulatory agenda. 

Occupational Safety and Health Administration 

 Bloodborne Pathogens (RIN 1218-AC34). 

 All interested members of the public are invited and encouraged to let departmental officials know 

how our regulatory efforts can be improved, and are invited to participate in and comment on the review 

or development of the regulations listed on the Department’s agenda. 

NAME: Thomas E. Perez, 

Secretary of Labor. 

2

Regulations.gov Thursday, May 21, 2015 Unified Agenda
The 98 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Equal Employment Opportunity in Apprenticeship Amendment of Regulations 1205-AB59

Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug

Testing of Unemployment Compensation Applicants 1205-AB63

Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open

Range in the United States 1205-AB70

Workforce Innovation and Opportunity Act 1205-AB73

Workforce Innovation and Opportunity Act; Joint Rule with U.S. Department of Education for Combined and Unified

State Plans, Performance Accountability, and the One-Stop System Joint Provisions 1205-AB74

Modernizing the Permanent Labor Certification Program (PERM) 1205-AB75

Employment and Training Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

Benefits Indicator and Amending for Technical Corrections 1205-AB62

Temporary Non-agricultural Employment of H-2B Aliens in the United States 1205-AB76

Employment and Training Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards--DOL Exceptions 1205-AB71

Employment and Training Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program 1205-AB72

Employee Benefits Security Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Pension Benefit Statements 1210-AB20

Conflict of Interest Rule-Investment Advice 1210-AB32

Amendment to Claims Procedure Regulation 1210-AB39

Revision of the Form 5500 Series and Implementing Related Regulations Under the Employee Retirement Income

Security Act of 1974 (ERISA) 1210-AB63

Coverage of Certain Preventive Services Under the Affordable Care Act 1210-AB67

Fiduciary Requirements for Disclosure in Participant-Directed Individual Accounts Plans--Timing of Annual Disclosure 1210-AB68

Summary of Benefits and Coverage and Uniform Glossary 1210-AB69

Employee Benefits Security Administration - Final Rule

Title

Regulation 

Identifier 

Number

Amendment of Abandoned Plan Program 1210-AB47

Electronic Filing of Apprenticeship & Training Notices, and Top Hat Plan Statements 1210-AB62

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
Adoption of Amended and Restated Voluntary Fiduciary Correction Program 1210-AB64

Employee Benefits Security Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Improved Fee Disclosure for Welfare Plans 1210-AB37

Target Date Disclosure 1210-AB38

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

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

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

Standards for Brokerage Windows 1210-AB59

Notice of Proposed Rulemaking for Health Care Continuation Coverage 1210-AB65

Employee Benefits Security Administration - Completed Action

Title

Regulation 

Identifier 

Number

Annual Funding Notice 1210-AB18

Revisions to Form 5500 Annual Return/Report--Multiple Employer Plans 1210-AB66

Amendments to Excepted Benefits 1210-AB70

Occupational Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Bloodborne Pathogens 1218-AC34

Combustible Dust 1218-AC41

Chemical Management and Permissible Exposure Limits (PELs) 1218-AC74

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

Shipyard Fall Protection--Scaffolds, Ladders and Other Working Surfaces 1218-AC85

Communication Tower Safety 1218-AC90

Emergency Response and Preparedness 1218-AC91

Occupational Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Occupational Exposure to Crystalline Silica 1218-AB70

Occupational Exposure to Beryllium 1218-AB76

Standards Improvement Project IV 1218-AC67

Streamlining of Provisions on 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 Accurate Records of Each Recordable Injury and

Illness 1218-AC84

Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection 1218-AC94

Crane Operator Qualification in Construction 1218-AC96

Occupational Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

Improve Tracking of Workplace Injuries and Illnesses 1218-AC49

Procedures for the Handling of Retaliation Complaints Under the Consumer Financial Protection Act; the Seaman's 1218-AC58

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Protection Act; and the FDA Food Safety Modernization Act

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

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

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

Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records 1218-AC95

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

Infectious Diseases 1218-AC46

Injury and Illness Prevention Program 1218-AC48

Preventing Backover Injuries and Fatalities 1218-AC51

Update to the Hazard Communication Standard 1218-AC93

Occupational Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

Confined Spaces in Construction 1218-AB47

Procedures for the Handling of Retaliation Complaints Under Section 806 of the Corporate and Criminal Fraud

Accountability Act of 2002, as Amended 1218-AC53

Arizona State Plan for Occupational Safety and Health 1218-AC92

Mine Safety and Health Administration - PreRule

Title

Regulation 

Identifier 

Number

Refuge Alternatives for Underground Coal Mines 1219-AB79

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

Request for Information to Improve the Health and Safety of Miners and to Prevent Accidents in Underground Coal

Mines 1219-AB85

Exposure of Underground Miners to Diesel Exhaust 1219-AB86

Examination of Working Places in Metal and Nonmetal Mines 1219-AB87

Mine Safety and Health Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Respirable Crystalline Silica 1219-AB36

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

Mine Safety and Health Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

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

Mine Safety and Health Administration - Completed Action

Title

Regulation 

Identifier 

Number

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

Wage and Hour Division - PreRule

Regulation 

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Title Identifier 

Number

Hours Worked Under the Fair Labor Standards Act 1235-AA12

Wage and Hour Division - Proposed Rule

Title

Regulation 

Identifier 

Number

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer

Employees 1235-AA11

Wage and Hour Division - Long-term Action

Title

Regulation 

Identifier 

Number

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

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

Wage and Hour Division - Completed Action

Title

Regulation 

Identifier 

Number

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

Establishing a Minimum Wage for Contractors, Executive Order 13658 1235-AA10

Office of Workers Compensation - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as

Amended 1240-AA08

Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information 1240-AA09

Black Lung Benefits Act: Disclosure of Medical Information and Payment of Benefits 1240-AA10

Black Lung Benefits Act: Medical Benefit Payments 1240-AA11

Office of Labor Management Standards - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Mandatory Electronic Filing for Filers of the Form LM-3 and LM-4 Labor Organization Annual Reports 1245-AA06

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

Office of Federal Contract Compliance Programs - Final Rule

Title

Regulation 

Identifier 

Number

Requirement to Report Summary Data on Employee Compensation (Compensation Data Collection) 1250-AA03

Discrimination on the Basis of Sex 1250-AA05

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Prohibitions Against Pay Secrecy Policies and Actions 1250-AA06

Office of Federal Contract Compliance Programs - Completed Action

Title

Regulation 

Identifier 

Number

Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity

by Contractors and Subcontractors 1250-AA07

Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

Administrative Review Board Rules of Practice and Procedure 1290-AA28

Equal Treatment in Department of Labor Programs for Faith-Based and Neighborhood Partnerships; Protection of

Religious Liberty of Department of Labor Social Service Providers and Beneficiaries 1290-AA29

Department of Labor Freedom of Information Act Regulations 1290-AA30

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

Department of Labor Administrative Wage Garnishment 1290-AA27

Office of the Assistant Secretary for Administration and Management - Proposed Rule

Title

Regulation 

Identifier 

Number

Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity

Act of 2014 1291-AA36

Office of the Assistant Secretary for Veterans' Employment and Training - Long-term Action

Title

Regulation 

Identifier 

Number

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

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 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301); Reorganization Plan No 14 of

1950, 64 stat 1267 (5 U.S.C. app p 534)

Legal Deadline: None

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 06/00/2015 

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

FP Building, Room N-5311, 200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-2796

FAX: 202 693-3799

E-Mail: ladd.john@dol.gov

Department of Labor (DOL)

Employment and Training Administration ( ETA ) RIN: 1205-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

for State Unemployment Compensation (UC) program purposes the occupations that regularly conduct drug testing. 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 U.S.C. 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: No Unfunded Mandates: No

CFR Citation: 20 CFR 620 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Pub. L. 112-96; Title III, Social Security Act (42 U.S.C. 301 et seq); Secretary's Order No 6-10

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/09/2014 79 FR 61013 

NPRM Comment Period End 12/08/2014 

Analyze Comments 06/00/2015 

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-4524

Washington , DC 20210 

Phone: 202 693-3029

E-Mail: gilbert.gay@dol.gov

Department of Labor (DOL)

Employment and Training Administration ( ETA ) RIN: 1205-AB70

 View Related Documents

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
Title: Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open

Range in the United States

Abstract: 

Office of Foreign Labor Certification of the Employment and Training Administration (ETA) has established special procedures

for certain occupations, including long-established variances for sheepherding, goat herding, and occupations involving the open

range production of livestock. The wage-setting methodology and other employment standards for these occupations has been

set in the past by sub-regulatory guidance. ETA is engaging in this regulatory action to establish standards for wages and

working conditions in these occupations based on input from the regulated community.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 U.S.C. 1188

Legal Deadline:

Action Source Description Date

Other Judicial There is a court imposed schedule for DOL to publish the final rule by

November 1, 2015. 11/01/2015 

Timetable:

Action Date FR Cite

NPRM 04/15/2015 80 FR 20300 

NPRM Comment Period Extended 05/05/2015 80 FR 25633 

NPRM Comment Period End 05/15/2015 

NPRM Comment Period Extended End 06/01/2015 

Final Rule 11/00/2015 

Regulatory Flexibility Analysis Required: Business 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.

Agency Contact: Janet Banos Department of Labor

Employment and Training Administration

Division of Policy, Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C?4312, FP Building

Washington , DC 20210 

Phone: 202 693-3010

E-Mail: banos.janet@dol.gov

Department of Labor (DOL)

Employment and Training Administration ( ETA ) RIN: 1205-AB73

 View Related Documents

Title: Workforce Innovation and Opportunity Act

Abstract: 

On July 22, 2014, the President signed the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128). WIOA repeals

the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) The Department of Labor must develop and issue a

Notice of Proposed Rulemaking (NPRM) that proposes to implement the changes WIOA makes to the public workforce system

in regulations. Through the NPRM, the Department will propose ways to carry out the purposes of WIOA to provide workforce

investment activities, through State and local workforce development systems, that increase employment, retention, and

earnings of participants, meet the skill requirements of employers, and enhance the productivity and competitiveness of the

Nation.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Section 503(f) of the Workforce Innovation and Opportunity Act (Pub. L. 113-128)

Legal Deadline: 

Action Source Description Date

NPRM Statutory Public Law 113-128 01/22/2015 

Other Statutory 01/18/2016 

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 04/16/2015 80 FR 20690 

NPRM Comment Period End 06/15/2015 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Portia Wu 

Assistant Secretary for Employment and Training

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building

Washington , DC 20210 

Phone: 202 639-2700

Department of Labor (DOL)

Employment and Training Administration ( ETA ) RIN: 1205-AB74

 View Related Documents

Title: Workforce Innovation and Opportunity Act; Joint Rule with U.S. Department of Education for Combined and Unified State

Plans, Performance Accountability, and the One-Stop System Joint Provisions

Abstract: 

On July 22, 2014, the President signed the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) which repeals

the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) As directed by WIOA, the Departments of Education

and Labor must develop and issue a Notice of Proposed Rulemaking (NPRM) to implement the changes in regulations that

WIOA makes to the public workforce system regarding Combined and Unified State Plans, performance accountability for WIOA

title I, title II, title III, and title IV programs, and the one-stop delivery system.

Therefore, the Departments of Labor and Education will issue a joint NPRM that will include regulations governing the

Combined and Unified State Plans, performance accountability system and One-Stop Delivery System and One-Stop Centers,

as both Departments are required to jointly implement these provisions of WIOA. All of the other regulations implementing WIOA

will be published by the Departments of Labor and Education in separate NPRMs.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR 675; 20 CFR 676; 20 CFR 677; 20 CFR 678 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: Section 503(f) of the Workforce Innovation and Opportunity Act (Pub. L. 113-128)

Legal Deadline: 

Action Source Description Date

NPRM Statutory Public Law 113-128 01/22/2015 

Other Statutory 01/18/2016 

Timetable:

Action Date FR Cite

NPRM 04/16/2015 80 FR 20574 

NPRM Comment Period End 06/15/2015 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Agency Contact: Portia Wu 

Assistant Secretary for Employment and Training

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building

Washington , DC 20210 

Phone: 202 639-2700

10

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB75

 View Related Documents

Title: Modernizing the Permanent Labor Certification Program (PERM)

Abstract: 

The PERM regulations govern the labor certification process for employers seeking to employ foreign workers permanently in the

United States. The Department of Labor (Department) has not comprehensively examined and modified the permanent labor

certification requirements and process since 2004. Over the last ten years, much has changed in our country’s economy,

affecting employers’ demand for workers and the availability of a qualified domestic labor force. Advances in technology and

information dissemination have dramatically altered common industry recruitment practices, and the Department has received

ongoing feedback that the existing regulatory requirements governing the PERM process frequently do not align with worker or

industry needs and practices. Therefore, the Department is engaging in rulemaking that will consider options to modernize the

PERM program to be more responsive to changes in the national workforce, to further align the program design with the

objectives of the U.S. immigration system and needs of workers and employers, and to enhance the integrity of the labor

certification process

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR Chapter V, part 656 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 U.S.C. 1152(a)(5)(A); 20 CFR part 656

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2015 

Regulatory Flexibility Analysis Required: Business;

Organizations 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.

Agency Contact: William W. Thompson II

Acting Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building, Rm C-4312

Washington , DC 20210 

Phone: 202 693-3010

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 FederalState 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: Final Rule

Major: No Unfunded Mandates: No

11

Regulations.gov Thursday, May 21, 2015 Unified Agenda
CFR Citation: 20 CFR 615 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 U.S.C. 7805; 42 U.S.C. 1302; Secretary's Order No 6-10

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/27/2014 79 FR 63859 

NPRM Comment Period End 12/26/2014 

Final Rule 09/00/2015 

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 

Phone: 202 693-2931

E-Mail: wilus.ronald@dol.gov

Department of Labor (DOL)

Employment and Training Administration ( ETA ) RIN: 1205-AB76

 View Related Documents

Title: Temporary Non-agricultural Employment of H-2B Aliens in the United States

Abstract: 

The Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the

certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the

enforcement of the obligations applicable to employers of such nonimmigrant workers. This interim final rule establishes the

process by which employers obtain a temporary labor certification from DOL for use in petitioning DHS to employ a

nonimmigrant worker in H-2B status. We are also issuing regulations to provide for increased worker protections for both United

States and foreign workers.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 8 CFR 214; 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii); 8 U.S.C. 1103(a)(6),

1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101?238; 103 Stat. 2099, 2102 (8

U.S.C. 1182 note); sec. 221(a), Pub. L. 101 649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102?232,

105 Stat. 733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103?206, 107 Stat. 2428; sec. 412(e), Pub. L. 105?277, 112

Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106?95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L.

107-296, 116 Stat. 2135, as amended; Pub. L. 109?423, 120 Stat. 2900

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/29/2015 80 FR 24041 

Interim Final Rule Effective 04/29/2015 

Interim Final Rule Comment Period End 06/29/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

Agency Contact: William W. Thompson II

Acting Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building, Rm C-4312

Washington , DC 20210 

Phone: 202 693-3010

12

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB71

 View Related Documents

Title: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards--DOL Exceptions

Abstract: 

To deliver on the promise of a 21st century government that is more efficient, effective, and transparent, the Office of

Management and Budget (OMB) is streamlining the Federal government's guidance on Administrative Requirements, Cost

Principles, and Audit Requirements for Federal awards. These modifications are a key component of a larger Federal effort to

more effectively focus Federal resources on improving performance and outcome while ensuring the financial integrity of

taxpayer dollars in partnership with non-Federal stakeholders. Therefore, OMB has tasked Federal agencies, including the

Department of Labor, with updating their respective regulations on Administrative Requirements, Cost Principles and Audit

Requirements for Federal awards by issuing new regulations that conform to the OMB guidance. The regulation will reflect a

government-wide framework for grants management which will be complemented by additional efforts to strengthen program

outcomes through innovative and effective use of grant-making models, performance metrics, and evaluation. This regulation

will reduce administrative burdens for non-Federal awards while reducing the risk of waste, fraud and abuse.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 U.S.C. 301

Legal Deadline: None

Timetable:

Action Date FR Cite

Analyze Comments 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Laura P. Watson 

Associate Deputy Administrator

Department of Labor

Employment and Training Administration

200 Constitution Avenue NW., FP Building, Room N-4716

Washington , DC 20210 

Phone: 202 693-3333

FAX: 202 693-3362

E-Mail: watson.laura.p@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, the Department of Homeland Security (DHS) and Department of Labor

(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 connection 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 primary 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 considers the public's input and make

revisions to the regulations as warranted.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No 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 U.S.C. 1101(a)(15)(H)(ii)(b); 8 U.S.C. 1184(c)

13

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Legal Deadline: 

Action Source Description Date

Other Judicial Judicial order 03/21/2013 

Timetable:

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 04/29/2015 80 FR 24145 

Final Rule Effective 04/29/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

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

Agency Contact: Lauren Bernstein 

Acting Manager, Division of Policy

Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building

Washington , DC 20210 

Phone: 202 693-3010

E-Mail: bernstein.lauren@dol.gov

Department of Labor (DOL)

Employment and Training Administration ( ETA ) RIN: 1205-AB72

 View Related Documents

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

Abstract: 

The Immigration and Nationality Act (INA) establishes the H-2B visa classification for a non-agricultural temporary worker

"having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United

States to perform . . . temporary [non-agricultural] service or labor if unemployed persons capable of performing such service or

labor cannot be found in this country[.]" 8 U.S.C. 1101(a)(15)(H)(ii)(b). The INA also requires an importing employer (H-2B

employer) to petition the Department of Homeland Security (DHS) for classification of the prospective temporary worker as an

H-2B nonimmigrant, and DHS must approve such petition before the beneficiary can be considered eligible for an H-2B visa or

H-2B status. 8 U.S.C. 1184(c)(1). The INA further requires DHS to consult with "appropriate agencies of the Government"

before adjudicating an H-2B petition, and DHS has determined that it must consult with the Department of Labor (DOL) to

determine whether U.S. workers capable of performing the temporary services or labor are available and that the foreign

worker's employment will not adversely affect the wages or working conditions of similarly employed U.S. workers. 8 CFR

214.2(h)(6)(iii)(A). DHS's regulation requires H-2B employers to obtain certification from DOL that these conditions are met prior

to submitting a petition to DHS. Id. As part of DOL's certification, DHS requires DOL to determine the prevailing wage applicable

to an application for temporary labor certification. 8 CFR 214.2(h)(6)(iii)(D). DOL has established procedures to certify whether a

qualified U.S. worker is available to fill the petitioning H-2B employer's job opportunity and whether foreign worker's employment

in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. See 20 CFR part

655, subpart A. As part of DOL's labor certification process and, pursuant to the DHS regulations, 8 CFR 214.2(h)(6)(iii)(D), DOL

sets the wage that employers must offer and pay foreign workers entering the country on an H-2B visa. See 20 CFR 655.10.

DOL revised the wage methodology used in the H-2B program in 2011, and jointly with the Department of Homeland Security

again in 2013. The later action was an interim final rule (IFR) in response to a court order. However, DOL requested and

received comments on all aspects of the 2013 revisions to the H-2B wage methodology in the IFR. DOL has determined that

further notice and comment is appropriate on the proper methodology for determining the prevailing wage in the H-2B program,

and will consider comments submitted in conjunction with the IFR together with comments submitted on this new proposal in

order to issue a final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 20 CFR 655.10 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii(B); 8 U.S.C. 1148(c); 29 U.S.C. 49k; 8 CFR 214.2(h)(6)(iii)

Legal Deadline: None

14

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

Withdrawn 03/20/2015 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Agency Contact: Lauren Bernstein 

Acting Manager, Division of Policy

Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building

Washington , DC 20210 

Phone: 202 693-3010

E-Mail: bernstein.lauren@dol.gov

Department of Labor (DOL)

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB20

 View Related Documents

Title: Pension Benefit Statements

Abstract: 

Section 508 of the Pension Protection Act of 2006 (PPA) amended section 105 of the Employee Retirement Income Security Act

(ERISA) to require plans that are subject to ERISA to automatically provide participants and certain beneficiaries with individual

pension benefit statements. Generally, defined benefit plans must provide the statement every three years, with an annual

alternative. Individual account plans that permit participant direction must provide the statement quarterly, and individual account

plans that do not permit participant direction must provide the statement annually. As part of this initiative, the Department will

explore whether, and how, an individual benefit statement should and could present a participant's accrued benefits in a defined

contribution plan (i.e., the individual's account balance) as a lifetime income stream of payments, in addition to presenting the

benefits as an account balance.

Priority: Other Significant Agenda Stage of Rulemaking: 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 U.S.C. 1025; ERISA sec 105; Pub. L. 109-280, sec 508, Pension Protection Act of 2006; 29 U.S.C. 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 07/00/2015 

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 

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB32

15

Regulations.gov Thursday, May 21, 2015 Unified Agenda
 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 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 IRA 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: Private Sector

CFR Citation: 29 CFR 2510.3-21(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 1002; ERISA sec 3(21); 29 U.S.C. 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/22/2010 75 FR 65263 

NPRM Comment Period End 01/20/2011 

Second NPRM 04/20/2015 80 FR 21928 

Second NPRM Comment Period End 07/06/2015 

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., FP Building, Room N-5655

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: Proposed Rule

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 U.S.C. 1135; ERISA sec 505; 29 U.S.C. 1133

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2015 

16

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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 

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB63

 View Related Documents

Title: Revision of the Form 5500 Series and Implementing Related Regulations Under the Employee Retirement Income

Security Act of 1974 (ERISA)

Abstract: 

This regulatory action is part of a long-term strategic project with the Internal Revenue Service and the Pension Benefit

Guaranty Corporation to modernize and improve the Form 5500 Annual Return/Report of Employee Benefit Plan. Modernizing

the financial and other annual reporting requirements on the Form 5500 and making the investment and other information on

the Form 5500 more data mineable are part of that evaluation. The project is also focused on enhancing the agencies' ability to

collect employee benefit plan data that best meets the needs of changing compliance projects, programs, and activities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 2520 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 1021 to 1025; 29 U.S.C. 1027; 29 U.S.C. 1029 and 1030; 29 U.S.C. 1134 and 1135; 29 U.S.C.

1059; 29 U.S.C. 1204

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Related to 1210-AB66

Agency Contact: Mara S Blumenthal 

Employee Benefits Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., Room N5669, FP Building

Washington , DC 20210 

Phone: 202 693-8500

Department of Labor (DOL)

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB67

 View Related Documents

Title: Coverage of Certain Preventive Services Under the Affordable Care Act

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 (PHS) Act. Section 2713 of the

PHS Act requires coverage without cost sharing of certain preventive health services by non-grandfathered group health plans

and health insurance coverage.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

17

Regulations.gov Thursday, May 21, 2015 Unified Agenda
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/27/2014 79 FR 51118 

Interim Final Rule 08/27/2014 79 FR 51092 

Interim Final Rule Effective 08/27/2014 

NPRM Comment Period End 10/21/2014 

Interim Final Rule Comment Period End 10/27/2014 

Analyze Comments 05/00/2015 

Additional Information: 1545-BM39, 0938-AS50, 1545-BM38, and 0938-AR42

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Related RINs: Related to 1210-AB44 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 

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB68

 View Related Documents

Title: Fiduciary Requirements for Disclosure in Participant-Directed Individual Accounts Plans--Timing of Annual Disclosure

Abstract: 

This rulemaking would amend 29 CFR section 2550.404a-5 by making a technical adjustment to the timing requirement for

annual disclosure. The amendment would provide plan administrators with flexibility as to when they must furnish annual

disclosures to participants and beneficiaries.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2550.404a-5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 1104(a); 29 U.S.C. 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/19/2015 80 FR 14334 

Direct Final Rule 03/19/2015 80 FR 14301 

NPRM Comment Period End 04/20/2015 

Direct Final Rule Effective 06/17/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655

Washington , DC 20210 

Phone: 202 693-8500

18

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB69

 View Related Documents

Title: Summary of Benefits and Coverage and Uniform Glossary

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 (PHS) Act.

 Section 2715 of the

PHS Act directs the Departments of Labor, Treasury, and Health and Human Services to develop standards for use by a group

health plan and a health insurance issuer offering group or individual health insurance coverage in compiling and providing a

summary of benefits and coverage (SBC) that accurately describes the benefits and coverage under the applicable plan or

coverage. PHS Act section 2715 also calls for the development of standards for the definitions of terms used in health

insurance coverage.

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: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/23/2014 79 FR 78578 

Analyze Comments 05/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5653

Washington , DC 20210 

Phone: 202 693-8335

FAX: 202 219-1942

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB47

 View Related Documents

Title: Amendment of Abandoned Plan Program

Abstract: 

On April 21, 2006, the Department published a package of regulations, collectively titled Termination of Abandoned Individual

Account Plans, which facilitates 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 U.S.C. 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/12/2012 77 FR 74063 

19

Regulations.gov Thursday, May 21, 2015 Unified Agenda
NPRM Comment Period End 02/11/2013 

Final Rule 10/00/2015 

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 

Phone: 202 693-8500

Department of Labor (DOL)

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB62

 View Related Documents

Title: Electronic Filing of Apprenticeship & Training Notices, and Top Hat Plan Statements

Abstract: 

Regulation 29 CFR sec 2520.104-22 contains an exemption from the reporting and disclosure requirements for apprenticeship

and training plans. Regulation 29 CFR sec 2520.104-23 contains an alternative method of compliance with the reporting and

disclosure requirements for pension plans for certain selected employees. Both regulations contain a filing obligation. This

rulemaking would amend those regulations to substitute electronic filing for regular mail or hand delivery.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2520.104-22; 29 CFR 2520.104-23 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 29 U.S.C. 1024; ERISA sec 104; 29 U.S.C. 1030; ERISA sec 110; 29 U.S.C. 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/30/2014 79 FR 58720 

NPRM Comment Period End 12/29/2014 

Final 03/00/2016 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: 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 

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB64

 View Related Documents

Title: Adoption of Amended and Restated Voluntary Fiduciary Correction Program

Abstract: 

The Employee Benefits Security Administration (EBSA) is amending and restating its Voluntary Fiduciary Correction Program

(VFCP) under the Employee Retirement Income Security Act of 1974 (ERISA), which originally was adopted in 2002 and revised

in 2005 and 2006. The VFCP is designed to encourage the voluntary correction of fiduciary violations by permitting persons to

avoid potential civil actions and civil penalties if they take steps to correct identified violations in a manner consistent with the

VFCP. The amendments will expand the scope of some transactions currently eligible for correction and streamline correction

20

Regulations.gov Thursday, May 21, 2015 Unified Agenda
procedures for certain others. EBSA will issue a restatement of the VFCP in its entirety and request public comments.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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: ERISA sections 502(a)(2), (a)(5), and 506(b); ERISA section 408(a); IRC section 4975(c)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Jeffrey J. Turner 

Deputy Director, Office of Regulations and Interpretations

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5655

Washington , DC 20210 

Phone: 202 693-8500

FAX: 202 219-7291

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 U.S.C. U.S.C. 1135; ERISA sec 505; 29 U.S.C. 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., FP Building, Room N-5655

Washington , DC 20210 

Phone: 202 693-8500

Department of Labor (DOL)

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB38

 View Related Documents

21

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Title: Target Date Disclosure

Abstract: 

This rulemaking will amend the Department's qualified default investment alternative regulation (29 CFR 2550.404c-5), 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: Long-term Action

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 U.S.C. 1135U.S.C.; ERISA sec 505; 29 U.S.C. 1104

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 11/30/2010 75 FR 73987 

NPRM Comment Period End 01/14/2011 

NPRM Reopening Comment Period 05/24/2012 77 FR 30928 

NPRM Reopening Comment Period Ends 07/09/2012 

Reopen Record (NPRM) 06/03/2014 79 FR 31893 

Reopen Record (NPRM) Comment Period End 07/03/2014 

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 

Phone: 202 693-8500

FAX: 202 219-7291

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 U.S.C. 218A; FLSA sec 18A; Pub. L. 111-148, sec 1511, Patient Protection and Affordable Care Act of

2010

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

22

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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 N-5655

Washington , DC 20210 

Phone: 202 693-8500

FAX: 202 219-7291

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: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2550.408b-2(c) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 1108(b)(2); 29 U.S.C. 1135

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 03/12/2014 79 FR 13949 

NPRM Comment Period End 06/10/2014 

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., FP Building, Room N-5655

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

23

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 1104; ERISA sec 404; 29 U.S.C. 1135; ERISA sec 505

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2016 

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 N-5655

Washington , DC 20210 

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) 

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

 View Related Documents

Title: Standards for Brokerage Windows

Abstract: 

The 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: 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 U.S.C. 1135; ERISA Sec 505; 29 U.S.C. 1104; ERISA Sec 404

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

Request for Information 08/21/2014 79 FR 49469 

Request For Information Comment Period End 11/19/2014 

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 

Phone: 202 693-8500

24

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB65

 View Related Documents

Title: Notice of Proposed Rulemaking for Health Care Continuation Coverage

Abstract: 

The proposed amendment will eliminate the current version of the model general notice contained in the appendix of

section 2590.606–1 and the model election notice contained in the appendix of section 2590.606–1 as these model notices are

outdated. Additionally, these proposed regulations make technical changes to the instruction language pointing to the model

notices in the appendices in paragraph (g) of section 2590.606–1 and paragraph (g) of section 2590.606–4. These changes will

permit the Department to amend the model notices as necessary and provide the most current versions of the model notices on

the Department's website. These changes will also eliminate confusion that may result from multiple versions of the model

notices being available in different locations. Contemporaneous with issuance of these proposed regulations, the Department is

also issuing updated model notices that reflect that coverage is now available in the Marketplace and provide information on

special enrollment rights in the Marketplace, as well as guidance announcing the availability of such updated notices.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 05/07/2014 79 FR 26192 

NPRM Comment Period End 07/07/2014 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5653

Washington , DC 20210 

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: Completed Action

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 U.S.C. 1021(f); ERISA sec 101(f); Pub. L. 109-280, sec 501, Pension Protection Act of 2006; 29 U.S.C.

1021(b); ERISA sec 104(b)(3); Pub. L. 109-280, sec 503, Pension Protection Act of 2006; 29 U.S.C. 1135; ERISA sec 505

Legal Deadline: 

Action Source Description Date

Other Statutory 08/18/2007 

25

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 11/18/2010 75 FR 70625 

NPRM Comment Period End 01/18/2011 

Final Rule 02/02/2015 80 FR 5626 

Final Rule Effective 03/04/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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 

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB66

 View Related Documents

Title: Revisions to Form 5500 Annual Return/Report--Multiple Employer Plans

Abstract: 

This notice describes revisions to the Form 5500 Annual Return/Report to implement annual reporting changes for multiple

employer plans required by the Cooperative and Small Employer Charity Pension Flexibility Act (CSEC Act) enacted on April 7,

2014. The Form 5500 Annual Return/Report is filed by employee benefit plans under the Employee Retirement Income Security

Act of 1974 and sections 6047(e), 6057(b), and 6058(a) of the Internal Revenue Code. The CSEC Act established additional

annual reporting requirements for multiple employer plans for plan years beginning after December 31, 2013. Specifically, the

Form 5500 of a multiple employer plan must include a list of participating employers and a good faith estimate of the percentage

of total contributions made by each participating employer during the plan year. An Interim Final Rule (IFR) was published and

effective on November 10, 2014. This rulemaking is deemed to be completed. The IFR will be finalized as part of RIN 1210-

AB63. This change has no effect on the effective date of the IFR.

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

Major: No Unfunded Mandates: No

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

Legal Authority: The Cooperative and Small Employer Charity Pension Flexibility Act (the CSEC Act), Pub. L. 113-97, sec 104

Legal Deadline: 

Action Source Description Date

Other Statutory Applicable to plan years beginning after 12/31/13 

Timetable:

Action Date FR Cite

Interim Final Rule 11/10/2014 79 FR 66617 

Interim Final Rule Effective 11/10/2014 

Interim Final Rule Comment Period End 01/09/2015 

Merged With 1210-AB63 05/14/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Related RINs: Merge with 1210-AB63

Agency Contact: Elizabeth A. Goodman 

Senior Pension Law Specialist

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N5655

Washington , DC 20210 

Phone: 202 693-8500

FAX: 202 219-7219

26

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB70

 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: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 03/18/2015 80 FR 13995 

Final Rule Effective 05/18/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Amy J. Turner 

Senior Advisor

Department of Labor

Employee Benefits Security Administration

200 Constitution Avenue NW., FP Building, Room N-5653

Washington , DC 20210 

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 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 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 09/00/2015 

27

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Amanda Edens 

Director, Directorate of Technical Support and Emergency Management

Department of Labor

Occupational Safety and Health Administration

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

Washington , DC 20210 

Phone: 202 693-2300

FAX: 202 693-1644

E-Mail: edens.mandy@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) on 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: PreRule

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1910, subpart H (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657

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 02/00/2016 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

28

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC74

 View Related Documents

Title: Chemical Management and Permissible Exposure Limits (PELs)

Abstract: 

The majority of the Occupational Safety and Health Administration's (OSHA) Permissible Exposure Limits (PELs) were adopted

in 1971, under section 6(a) of the OSH Act and only a few have been successfully updated since that time. There is widespread

agreement among industry, labor, and professional occupational safety and health organizations that OSHA's PELs are outdated

and need revising in order to take into account newer scientific data that indicates that significant occupational health risks exist

at levels below OSHA's current PELs. In 1989, OSHA issued a final standard that lowered PELs for over 200 chemicals and

added PELs for 164. However, the final rule was challenged and ultimately vacated by the 11th Circuit Court of Appeals in 1991

citing deficiencies in OSHA's analyses. Since that time OSHA has made attempts to examine its outdated PELs in light of the

court's 1991 decisions. On October 10, 2014, OSHA published a Request for Information (RFI) to solicit comment from the

public on approaches it may take to reduce the risk of developing illness caused by exposure to hazardous chemicals. This RFI

does not address Process Safety Management issues being addressed under the Executive Order, but rather lower, longer-term

exposures.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 10/10/2014 79 FR 61383 

RFI Comment Period Extended 03/25/2015 80 FR 15702 

RFI Comment Period End 04/08/2015 

RFI Comment Period Extended End 10/09/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

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 13650, Improving Chemical Facility Safety and Security, Occupational Safety and

Health Administration (OSHA) issued a Request for Information (RFI) on December 9, 2013 (78 FR 73756). The RFI anticipates

to 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

CFR Citation: 29 CFR 1910.119 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655; 29 U.S.C. 657

Legal Deadline: None

Timetable:

Action Date FR Cite

29

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Request for Information (RFI) 12/09/2013 78 FR 73756 

RFI Comment Period Extended 03/07/2014 79 FR 13006 

RFI Comment Period End 03/10/2014 

Initiate SBREFA 06/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

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

 View Related Documents

Title: Shipyard Fall Protection--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; and 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 U.S.C. 941); sec 4, 6, and 8 Occupational

Safety and Health Act of 1970 (29 U.S.C. 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 (RFI) 09/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

30

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC90

 View Related Documents

Title: Communication Tower Safety

Abstract: 

During the 1990s, the growing demand for wireless and broadcast communications spurred a dramatic increase in the number

of communication towers being erected, maintained and serviced. While the number of employees engaged in the

communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced

an average fatality rate that greatly exceeds that of the construction industry, for example. In 2013, the industry experienced a

dramatic increase in the number of fatalities occurring during communication tower work, with 13 total fatalities. Falls are the

leading cause of death in tower work. Fall protection is used either improperly or inconsistently. Several communication towers

have recently collapsed while employees worked on structural modifications. Employees are often hoisted to working levels on

small base-mounted drum hoists that have been mounted to a truck chassis, and these may not be rated to hoist personnel.

Communication tower construction and maintenance activities are not adequately covered by current OSHA fall protection and

personnel hoisting standards.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926; 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655

Legal Deadline:

Action Source Description Date

Other Statutory Request for Information 06/30/2014 

Timetable:

Action Date FR Cite

Request For Information (RFI) 04/15/2015 80 FR 20185 

RFI Comment Period End 06/15/2015 

Regulatory Flexibility Analysis Required: Undetermined 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 

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-AC91

 View Related Documents

Title: Emergency Response and Preparedness

Abstract: 

Occupational Health and Safety Administration (OSHA) published a Request for Information (RFI) on Emergency Response and

Preparedness (72 FR 51735) on September 11, 2007. The RFI addressed the way that OSHA currently regulates aspects of

emergency response and preparedness under its existing standards, and that some of these standards were promulgated

decades ago, and none were designed as comprehensive emergency response standards. Consequently, they do not address

the full range of hazards or concerns currently facing emergency responders, nor do they reflect major changes in performance

specifications for protective clothing and equipment. The Agency acknowledged that current OSHA standards also do not reflect

all the major developments in safety and health practices that have already been accepted by the emergency response

community and incorporated into industry consensus standards. The Agency received 84 comments, many favorable on the

need for further action to protect emergency responders. In the tragedy that struck West, Texas, in April 2013, it was reaffirmed

that emergency responder health and safety continues to be an area of ongoing need. President Obama issued Executive

Order 13650 Improving Chemical Facility Safety and Security (EO) on August 1, 2013, to improve chemical facility safety and

security, including emergency responder safety. The Agency hosted a stakeholder meeting in July 2014 to address the lessons

31

Regulations.gov Thursday, May 21, 2015 Unified Agenda
learned from West, Texas as well as how to integrate this information with the existing docket of information, as well as any

other developments, since closing the RFI docket.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1910 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Stakeholder Meetings 07/30/2014 

NACOSH Workgroup 06/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

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 OSHA permissible exposure

limit (PEL) for general industry is based on a formula proposed by the American Conference of Governmental Industrial

Hygienists (ACGIH) in 1968 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and

shipyards (derived from ACGIH's 1970 Threshold Limit Value) is based on particle counting technology, which is considered

obsolete. NIOSH and ACGIH recommend 50μg/m3 and 25μg/m3 exposure limits, respectively, for respirable crystalline silica.

Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for

exposure monitoring, medical surveillance, and worker training. ASTM International has published recommended standards for

addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a

recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure

monitoring, training, and medical surveillance.

The NPRM was published on September 12, 2013 (78 FR 56274). OSHA received over 1,700 comments from the public on the

proposed rule, and over 200 stakeholders provided testimony during public hearings on the proposal. The agency is now

reviewing and considering the evidence in the rulemaking record.

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 U.S.C. 655(b); 29 U.S.C. 657

Legal Deadline: None

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 

32

Regulations.gov Thursday, May 21, 2015 Unified Agenda
NPRM Comment Period Extended; Notice of Intention to Appear at

Pub Hearing; Scheduling Pub Hearing 10/31/2013 78 FR 65242 

NPRM Comment Period Extended 01/29/2014 79 FR 4641 

Informal Public Hearing 03/18/2014 

Post Hearing Briefs Ends 08/18/2014 

Analyze Comments 06/00/2015 

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

Federalism: Yes

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

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

 View Related Documents

Title: Occupational Exposure to Beryllium

Abstract: 

In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard for permissible exposure limit (PEL) to

beryllium by the United Steel Workers (formerly the Paper Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen

Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect

needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for

Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium, including: current

exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure

assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted

field surveys of selected worksites to assess current exposures and control methods being used to reduce employee exposures

to beryllium. OSHA convened a Small Business Advocacy Review Panel under the Small Business Regulatory Enforcement

Fairness Act (SBREFA) and completed the SBREFA Report in January 2008. OSHA also completed a scientific peer review of

its draft risk assessment.

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 U.S.C. 655(b); 29 U.S.C. 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 05/00/2015 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

33

Regulations.gov Thursday, May 21, 2015 Unified Agenda
FAX: 202 693-1678

E-Mail: perry.bill@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 are focused primarily on its construction standards

in 29 CFR 1926.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 12/06/2012 77 FR 72781 

RFI Comment Period End 02/04/2013 

NPRM 09/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities 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 

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

Department of Labor (DOL)

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

 View Related Documents

Title: Streamlining of Provisions on 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 1952 and

29 CFR 1956 to scale back the detailed descriptions of OSHA-approved State plans, including the jurisdictional explanation,

purely historical data, and other unnecessary information that may be subject to change. The revised 29 CFR 1952 will retain a

brief description of each State plan and a more detailed explanation will be provided on OSHA's website. The general provisions

of 29 CFR 1952 will be moved into 29 CFR 1902. Accordingly, outdated references to 29 CFR 1952 will be cleaned up

throughout various OSHA regulations. The purpose of the revision to 29 CFR 1952 is to eliminate the requirement to engage in

the arduous rulemaking process in order to make changes to a State plan's coverage or other descriptive language. OSHA will

publish a Notice of Proposed Rulemaking (NPRM) with a 30-day comment period and a Final Rule after review of the

comments.

34

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1902 to 1904; 29 CFR 1952 to 1954; 29 CFR 1956 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 29 U.S.C. 667

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2015 

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 

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: 

Occupational Safety and Health Administration (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 "winch and boom"; clarifies an exclusion for work activities by articulating cranes; 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 U.S.C. 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2015 

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 

Phone: 202 693-2020

35

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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 Accurate Records 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. OSHA is

issuing this proposed rule because of the decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of

Labor, 675 F.3d 752 (D.C. Cir. 2012).

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 U.S.C. 857(c), (g); 29 U.S.C. 673(a), (e); 29 U.S.C. 651(b)(12)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC94

 View Related Documents

Title: Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection

Abstract: 

In January 1998, OSHA published the final Respiratory Protection standard (29 CFR 1910.134). In the final revised respirator

standard, OSHA set up a mechanism for OSHA's acceptance of new fit test protocols under Mandatory Appendix A. Any person

may submit to OSHA an application for approval of a new fit test protocol, and if the application meets certain criteria, OSHA

will initiate a rulemaking proceeding under 6(b)(7) of the OSH Act to determine whether to list the new protocol as an approved

fit test protocol in Appendix A. OSHA has received a submission to consider three new quantitative fit test protocols that reduce

the time required to complete the fit test while maintaining acceptable test sensitivity, specificity, and predictive value.

Employers, employees, and safety and health professionals use fit testing to select respirators. Currently OSHA relies on fit

testing methods specified in Appendix A of the final revised Respiratory Protection standard. When OSHA published the final

Respiratory Protection standard in 1998, it allowed for later rulemaking on new fit test protocols. This rulemaking action will allow

for the incorporation of new fit test protocols into 1910.134.

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

Major: No Unfunded Mandates: No

36

Regulations.gov Thursday, May 21, 2015 Unified Agenda
CFR Citation: 29 CFR 1910.134 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC96

 View Related Documents

Title: Crane Operator Qualification in Construction

Abstract: 

The rulemaking will identify criteria for employers to follow to ensure their crane operators are completely qualified to operate

cranes safely on construction work sites. In the 2010 final cranes standard, the Agency established crane operator certifications

as the sole criterion for operator safety. Certification is virtually always provided by third party testing entities. Following

publication of the final crane standard, stakeholders informed the Agency that certification did not by itself establish a safe

enough level of experience and competence--employers must be responsible to ensure that crane operators are qualified. The

Agency responded by publishing a final rule postponing the deadline for operator certification and extending the employer duty

to permit the Agency to conduct rulemaking, if necessary, on operatory qualification. This rulemaking will also clarify issues

surrounding operatory certification, including the "type and capacity" requirement from the 2010 final construction cranes

standard. Establishing clear benchmarks for employers to follow to ensure crane operator competence is essential for

construction work site safety.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Proposal to ACCSH 03/31/2015 

NPRM 12/00/2015 

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 

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

37

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

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

 View Related Documents

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

Abstract: 

In 1990, OSHA published a proposed 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 U.S.C. 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 08/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

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

38

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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

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: Pub. L. 110-53, sec 1521, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49

U.S.C. 20109; Pub. L. 110-53, sec 1413, The Implementing Recommendations of the 9/11 Commission Act of 2007; 6 U.S.C.

1142; Pub. L. 110-53, sec 1536, The Implementing Recommendations of the 9/11 Commission Act of 2007; 49 U.S.C. 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 

Final Rule; Surface Transportation Assistance Act of 1982 (STAA) (as

amended) 07/27/2012 77 FR 44121 

Final Rule Effective 07/27/2012 

Final Action (FRSA & NTSSA) 07/00/2015 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan 

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3655

Washington , DC 20210 

Phone: 202 693-2110

FAX: 202 693-1644

E-Mail: garrahan.maryann@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 making 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 rulemaking 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,

and a modification to 29 CFR part 1904.35 to clarify an employee’s right to report injury and illnesses to their employer without

fear of retaliation.

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 U.S.C. 657

Legal Deadline: None

39

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

Stakeholder Meetings 05/25/2010 75 FR 24505 

NPRM 11/08/2013 78 FR 67254 

Notice of Public Meeting on 01/09/2013 11/15/2013 78 FR 68782 

NPRM Comment Period Extended 01/07/2014 79 FR 778 

NPRM Comment Period End 02/06/2014 

NPRM Comment Period Extended End 03/08/2014 

NPRM Comment Period Reopened 08/14/2014 79 FR 47605 

NPRM Comment Period Reopened End 10/14/2014 

Final Rule 09/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Amanda Edens 

Director, Directorate of Technical Support and Emergency Management

Department of Labor

Occupational Safety and Health Administration

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

Washington , DC 20210 

Phone: 202 693-2300

FAX: 202 693-1644

E-Mail: edens.mandy@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 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 (78 FR 8390). 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. The FSMA interim final rule was published February 13, 2014 (79

FR 8619).

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: Pub. L. 111-203, sec 1057, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; Pub.

L. 111-281, sec 611 of the Coast Guard Authorization Act of 2010, amending the Seaman's Protection Act, 46 U.S.C. 2114; 21

U.S.C. 399d, Pub. L.111-353, sec 402 of the FDA Food Safety Modernization Act

Legal Deadline: None

Timetable:

40

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Action Date FR Cite

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

Interim Final Rule (SPA) Effective 02/06/2013 

Interim Final Rule (SPA) Comment Period End 04/08/2013 

Interim Final Rule (FSMA) 02/13/2014 79 FR 8619 

Interim Final Rule (FSMA) Effective 02/13/2014 

Interim Final Rule (CFPA) 04/03/2014 79 FR 18630 

Interim Final Rule (CFPA) Effective 04/03/2014 

Interim Final Rule (FSMA) Comment Period End 04/14/2014 

Interim Final Rule (CFPA) Comment Period End 06/02/2014 

Final Action (SPA) 07/00/2015 

Final Action (FSMA) 07/00/2015 

Final Action (CFPA) 09/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan 

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3655

Washington , DC 20210 

Phone: 202 693-2110

FAX: 202 693-1644

E-Mail: garrahan.maryann@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 promulgating 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 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 U.S.C. 218C, FLSA sec 18C; Pub. L. 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 09/00/2015 

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: Mary Ann Garrahan 

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

41

Regulations.gov Thursday, May 21, 2015 Unified Agenda
200 Constitution Avenue NW., FP Building, Room N-3655

Washington , DC 20210 

Phone: 202 693-2110

FAX: 202 693-1644

E-Mail: garrahan.maryann@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 Occupational Safety and Health Administration (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 Notice of Proposed Rulemaking 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: Final Rule

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 U.S.C. 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/13/2015 80 FR 13295 

NPRM Comment Period End 04/13/2015 

Final Rule 05/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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: 

42

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Occupational Safety and Health Administration (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: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1988 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 49 U.S.C. 30170 (Pub. L. 112-141)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan 

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3655

Washington , DC 20210 

Phone: 202 693-2110

FAX: 202 693-1644

E-Mail: garrahan.maryann@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC95

 View Related Documents

Title: Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records

Abstract: 

OSHA’s regulation at 29 CFR 1913.10 includes internal procedures to be followed by OSHA personnel when obtaining and

using personally-identifiable employee medical information. After careful review, OSHA has identified several provisions in need

of revision. The Agency plans to amend the regulation to improve its efficiency in implementing these internal procedures.

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

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 1913.10 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 657, sec 8, Occupational Safety and Health Act of 1970

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 01/00/2016 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Robert Swain 

Attorney, Privacy Section Office of the Solicitor

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building

Washington , DC 20210 

Phone: 202 693-5476

43

Regulations.gov Thursday, May 21, 2015 Unified Agenda
E-Mail: swain.robert@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) proposed 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 rulemaking 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 rulemaking was temporarily withdrawn from OMB on

January 26, 2011, so that the Agency could gather more information from stakeholders in the small business community.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1904 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 660; 29 U.S.C. 666; 29 U.S.C. 669

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

NPRM 01/29/2010 75 FR 4728 

NPRM Comment Period End 03/09/2010 

Public Meeting 03/09/2010 

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

NPRM Comment Period Extended 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 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@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 disease hazards such as tuberculosis

(TB), varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious disease threats,

such as Severe Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care workers and workers in related

occupations, or who are exposed in other high-risk environments, are at increased risk of contracting TB, SARS, Methicillinresistant 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

44

Regulations.gov Thursday, May 21, 2015 Unified Agenda
unreasonably jeopardizing their health. OSHA is considering the need for a standard to ensure that employers establish a

comprehensive infection control program and control measures to protect employees from infectious disease exposures to

pathogens that can cause significant disease. Workplaces where such control measures might be necessary include: health

care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings

where employees can be at increased risk of exposure to potentially infectious people. A standard could also apply to

laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners' offices, medical

examiners, and mortuaries.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

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 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673; ...

Legal Deadline: None

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 07/05/2011 76 FR 39041 

Initiate SBREFA 06/04/2014 

Complete SBREFA 12/22/2014 

NPRM 12/00/2016 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Local; State

Federalism: Undetermined

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

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: 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 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Notice of Stakeholder Meetings 05/04/2010 75 FR 23637 

45

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Notice of Additional Stakeholder Meetings 06/22/2010 75 FR 35360 

Initiate SBREFA 01/06/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: perry.bill@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC51

 View Related Documents

Title: Preventing Backover Injuries and Fatalities

Abstract: 

OSHA published a Request for Information (RFI) (77 FR 18973; March 29, 2012) that sought information on two subjects: 1)

preventing backover injuries; and 2) the hazards and risks of reinforcing concrete operations in construction, including posttensioning. Backing vehicles and equipment are common causes of struck-by injuries and can also cause caught-between

injuries when backing vehicles and equipment pin a worker against an object. Struck-by injuries and caught-between injuries are

two of the four leading causes of workplace fatalities. The Bureau of Labor Statistics reports that in 2011, 75 workers were

fatally backed over while working. While many backing incidents can prove to be fatal, workers can suffer severe, non-fatal

injuries as well. A review of OSHA's Integrated Management Information System (IMIS) database found that backing incidents

can result in serious injury to the back and pelvis, fractured bones, concussions, amputations, and other injuries. Emerging

technologies in the field of backing operations may prevent incidents. The technologies include cameras and proximity detection

systems. The use of spotters and internal traffic control plans can also make backing operations safer. The Agency has held

stakeholder meetings on backovers, and is conducting site visits to employers.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

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 U.S.C. 655(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 03/29/2012 77 FR 18973 

RFI Comment Period End 07/27/2012 

Initiate SBREFA 06/00/2016 

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 

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-AC93

46

Regulations.gov Thursday, May 21, 2015 Unified Agenda
 View Related Documents

Title: Update to the Hazard Communication Standard

Abstract: 

OSHA and other U.S. agencies have been involved in a long-term project to negotiate a globally harmonized approach to

defining hazards, and providing labels and safety data sheets for hazardous chemicals. The result is the Globally Harmonized

System of Classification and Labeling of Chemicals (GHS). The GHS was adopted by the United Nations, with an international

goal of as many countries as possible adopting it by 2008.

OSHA incorporated the GHS into the Hazard Communication Standard (HCS) in March 2012. The result would be more specific

requirements for hazard classification, as well as standardized label components and a standard approach to conveying

information on safety data sheets. The adoption has the potential to address some issues regarding accuracy and

comprehensibility in the U.S., which will improve employee protection and facilitate international trade.

However, the GHS is a living document and has been updated several times since OSHA’s rulemaking. OSHA's rulemaking was

based on the third edition of the GHS and the UN is currently working on the sixth. So far the changes have had some minimal

effect on OSHA's rulemaking but in the upcoming edition there are some additional hazard categories that OSHA should

consider picking up (desensitized explosives and pyrophoric gases). In order to maintain alignment with the GHS and other

countries that have adopted the GHS, OSHA is considering rulemaking to align with the most recent version of the GHS.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 29 CFR 1910.1200 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: William Perry 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., Room N-3718, FP Building

Washington , DC 20210 

Phone: 202 693-1950

FAX: 202 693-1678

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 work sites. Pursuant to discussions with the United Steel Workers of

America that led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a proposed rule to

protect construction workers in confined spaces.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 29 CFR 1926.36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333

Legal Deadline: None

Timetable:

Action Date FR Cite

47

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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 05/04/2015 80 FR 25365 

Final Rule Effective 08/03/2015 

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 

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-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: Completed Action

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 U.S.C. 1514A; Pub. L. 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 

Interim Final Rule Effective 11/03/2011 

Interim Final Rule Comment Period End 01/03/2012 

Final Rule 03/05/2015 80 FR 11865 

Final Rule Effective 03/05/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Ann Garrahan 

Director, Office of Technical Programs and Coordination Activities

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW., FP Building, Room N-3655

Washington , DC 20210 

48

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Phone: 202 693-2110

FAX: 202 693-1644

E-Mail: garrahan.maryann@dol.gov

Department of Labor (DOL)

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC92

 View Related Documents

Title: Arizona State Plan for Occupational Safety and Health

Abstract: 

Arizona administers an occupational safety and health State Plan approved by Federal OSHA. In May 2012, Arizona passed

Arizona Senate Bill (SB) 1441, since codified as Arizona Revised Statute, title 23, ch. 2, art. 13 (A.R.S. 23-492) and later

modified with the passage of SB 1307. A.R.S. 23-492 sets forth fall protection requirements for residential construction work in

the State. OSHA reviewed the Arizona statute (both the original and as modified) and determined that it is not at least as

effective as Federal OSHA's standard for fall protection in residential construction. As such, OSHA published a Notice of

Proposed Rulemaking (NPRM) proposing to reject the Arizona statute and reconsider final approval of the State Plan. OSHA

solicited and received written comments, analyzed the record, and published a Final Rule rejecting the Arizona statute and

deferring the decision on reconsideration. Upon publication of this Final Rule, the automatic repeal clause of the Arizona statute

went into effect and the state began enforcement of OSHA’s standard for fall protection in residential construction.

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

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 1952 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 667

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/21/2014 79 FR 49465 

NPRM Comment Period End 09/25/2014 

Final Rule 02/06/2015 80 FR 6652 

Final Rule Effective 02/06/2015 

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

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 

Phone: 202 693-2200

FAX: 202 693-1671

E-Mail: kalinowski.doug@dol.gov

Department of Labor (DOL)

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

 View Related Documents

Title: Refuge Alternatives for Underground Coal Mines

Abstract: 

On December 31, 2008, Mine Safety and Health Administration (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 ) 

49

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Legal Authority: 30 U.S.C. 957; 30 U.S.C. 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 08/08/2013 78 FR 48593 

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

RFI Comment Period End 10/07/2013 

RFI Extension of Comment Period End 12/06/2013 

RFI 2nd Extension of Comment Period 12/06/2013 78 FR 73471 

RFI 2nd Extension of Comment Period End 06/02/2014 

RFI 3rd Extension of Comment Period 06/03/2014 79 FR 31895 

RFI 3rd Extension of Comment Period End 10/02/2014 

RFI 4th Extension of Comment Period 10/01/2014 79 FR 59167 

RFI 4th Extension of Comment Period End 04/02/2015 

Analyze Comments 06/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: No

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@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 Mine Safety and Health Administration (MSHA) to explain the basis for requiring motor task (hands-on), decisionmaking, 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: 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 U.S.C. 957; 30 U.S.C. 811

Legal Deadline: None

Timetable:

Action Date FR Cite

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

Limited Reopening of the Record; Comment Period End 10/07/2013 

Reopen the Record and Extend Comment Period 11/15/2013 78 FR 68783 

Reopen the Record and Extend Comment Period End 12/16/2013 

Notice of Intent 06/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: Undetermined

Energy Affected: No

Related RINs: Related to 1219-AB58

50

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL)

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

 View Related Documents

Title: Request for Information to Improve the Health and Safety of Miners and to Prevent Accidents in Underground Coal Mines

Abstract: 

In response to recommendations resulting from Mine Safety and Health Administration's (MSHA) 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: No Unfunded Mandates: No

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

Legal Authority: 30 U.S.C. 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information 02/26/2015 80 FR 10436 

Request for Information Comment Period End 04/27/2015 

Request for Information Comment Period Extended 04/22/2015 80 FR 22465 

Request for Information Comment Period Extended End 06/26/2015 

Analyze Comments 08/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: Undetermined

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB86

 View Related Documents

Title: Exposure of Underground Miners to Diesel Exhaust

Abstract: 

Epidemiological studies have found that diesel exhaust presents health risks to workers. These possible health effects range

from headaches and nausea to respiratory disease and cancer. MSHA's existing regulations address the health hazards to

underground metal and nonmetal miners (66 FR 5706) and coal miners (66 FR 5526) from exposure to diesel particulate matter

(DPM). DPM is a component of diesel exhaust. MSHA also has limits for miners’ occupational exposure to selected components

of the gaseous fraction of diesel exhaust. In June 2012, the International Agency for Research on Cancer classified diesel

exhaust as a known human carcinogen. The National Institute for Occupational Safety and Health and the National Cancer

51

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Institute also have stated that diesel exhaust exposure has important public health implications, including increasing the risk of

death from lung cancer. Because of the carcinogenic health risk to miners from exposure to diesel exhaust, MSHA is requesting

information on approaches that would improve control of DPM and diesel exhaust.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 57.5060 to 57.5075; 30 CFR 70.1900; 30 CFR 72.500 to 75.520; 30 CFR 75.1900 to 75.1916 (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813

Legal Deadline: None

Timetable:

Action Date FR Cite

Request For Information (RFI) 12/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB87

 View Related Documents

Title: Examination of Working Places in Metal and Nonmetal Mines

Abstract: 

MSHA intends to issue a request for information on the examination of working places in metal and nonmetal mines to

determine the adequacy of the Agency's existing standards. Recent fatalities in metal and nonmetal mines raised concerns that

persons who examine workplaces do not always identify conditions that may adversely affect safety or health or that operators

do not correct such identified conditions in a timely manner. MSHA is seeking information, data, and comment on whether the

existing standards should be revised. The Agency would seek information relative to: (1) persons conducting the examination,

(2) the quality of the examination, and (3) the recordkeeping provision, among other provisions. MSHA also is considering

whether issuing guidance or disseminating best practices regarding the existing standards would effectively accomplish the

Agency's goal of providing miners a safe working place.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 56/57.18002 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 U.S.C. 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Request For Information (RFI) 09/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

52

Regulations.gov Thursday, May 21, 2015 Unified Agenda
E-Mail: mcconnell.sheila.a@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 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. The 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 U.S.C. 811

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2016 

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: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@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: 

Mine Safety and Health Administration (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 U.S.C. 811

Legal Deadline: None

53

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

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

RFI Comment Period End 04/02/2010 

NPRM 07/00/2015 

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: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@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: 

The Mine Safety and Health Administration (MSHA) revises 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. 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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 U.S.C. 815; 30 U.S.C. 820; 30 U.S.C. 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/31/2014 79 FR 44494 

NPRM Comment Period Extended 09/16/2014 79 FR 55408 

NPRM Comment Period End 09/29/2014 

NPRM Notice of Public Hearings, Close of Comment Period 11/07/2014 79 FR 66345 

NPRM Comment Period Extended End 12/03/2014 

NPRM Notice of Public Hearing; Extension of Comment Period; Close

of Record 12/31/2014 79 FR 78749 

NPRM Notice of Public Hearings, Close of Comment Period End 01/09/2015 

NPRM Comment Period Extended; Close of Record 02/10/2015 80 FR 7393 

Extension of Comment Period End 03/12/2015 

NPRM Comment Period Extended End 03/31/2015 

Final Rule 12/00/2015 

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: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

54

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@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: 

Mine Safety and Health Administration's (MSHA) 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 5. 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: Final 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 U.S.C. 957

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/09/2014 79 FR 61035 

NPRM Comment Period End 11/10/2014 

Final Rule 08/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No

Energy Affected: Undetermined

Agency Contact: Sheila McConnell 

Acting Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB65

 View Related Documents

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

Abstract: 

This final rule addresses hazards that miners face when working near continuous mining machines in underground coal mines.

Mine Safety and Health Administration (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: Completed Action

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 U.S.C. 811

55

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Legal Deadline: None

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 Rule 01/15/2015 80 FR 2188 

Final Rule Effective 03/16/2015 

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: Sheila McConnell 

Acting Director, Office of Standards and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350

Arlington , VA 22209 

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: mcconnell.sheila.a@dol.gov

Department of Labor (DOL)

Wage and Hour Division ( WHD ) RIN: 1235-AA12

 View Related Documents

Title: Hours Worked Under the Fair Labor Standards Act

Abstract: 

The Department is seeking information from stakeholders on the use of technology, including portable electronic devices, by

employees away from the workplace and outside of scheduled work hours outside of scheduled work outside of scheduled work

hours.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: Undetermined

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 201 et seq; 29 U.S.C. 254

Legal Deadline: None

Timetable:

Action Date FR Cite

Request for Information (RFI) 08/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Mary Ziegler 

Director, Division of Regulation, Legislation, and Interpretation

Department of Labor

Wage and Hour Division

200 Constitution Avenue NW., Room S-3502, FP Building

Washington , DC 20210 

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA11

 View Related Documents

56

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Title: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer

Employees

Abstract: 

The Fair Labor Standards Act (FLSA) section 13(a)(1) provides a minimum wage and overtime exemption for any employee

employed in a bona fide executive, administrative, professional capacity, or in the capacity of an outside salesperson. President

Barack Obama issued a memorandum to the Secretary of Labor on March 13, 2014, directing the Secretary to modernize and

streamline the existing overtime regulations for executive, administrative, and professional employees. The Department of Labor

last updated these regulations in 2004.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: Undetermined

CFR Citation: 29 CFR 541 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 213(a)(1) (Fair Labor Standards Act)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2015 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

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., Room S-3502, FP Building

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 U.S.C. 211(c)

Legal Deadline: None

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

57

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor

Wage and Hour Division

200 Constitution Avenue NW., Room S-3502, FP Building

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 U.S.C. 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., Room S-3502, FP Building

Washington , DC 20210 

Phone: 202 693-0406

FAX: 202 693-1387

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

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: Completed Action

Major: No Unfunded Mandates: No

58

Regulations.gov Thursday, May 21, 2015 Unified Agenda
CFR Citation: 29 CFR 825 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 2654

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/27/2014 79 FR 36445 

NPRM Comment Period End 08/11/2014 

Final Rule 02/25/2015 80 FR 9989 

Final Rule Effective 03/27/2015 

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

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., Room S-3502, FP Building

Washington , DC 20210 

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) 

Wage and Hour Division ( WHD ) RIN: 1235-AA10

 View Related Documents

Title: Establishing a Minimum Wage for Contractors, Executive Order 13658

Abstract: 

Executive Order 13658 increases the minimum wage that must be paid to workers working on certain new Federal contracts to

$10.10 per hour and indexes the wage rate to inflation thereafter. Consistent with the Executive Order, the Department of Labor

will issue implementing regulations.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 10 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: E.O. 13658

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/17/2014 79 FR 34567 

NPRM Comment Period End 07/17/2014 

Final Rule 10/07/2014 79 FR 60633 

Final Rule Effective 12/08/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

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., Room S-3502, FP Building

Washington , DC 20210 

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) 

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

59

Regulations.gov Thursday, May 21, 2015 Unified Agenda
 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 U.S.C. 939

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2016 

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 

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-AA08

 View Related Documents

Title: Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as

Amended

Abstract: 

The regulations govern how the Office of Workers' Compensation Programs (OWCP) administers the Energy Employees

Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA), 42 U.S.C. 7384 et seq. Since July 31, 2001,

OWCP has administered the provisions of part B of EEOICPA that were not assigned to the Secretary of Health and Human

Services, to the Secretary of Energy, or to the Attorney General by E.O. 13179. Part B of EEOICPA provides for the payment of

lump-sum compensation and medical benefits to Department of Energy (DOE) employees and certain of its contractors and

subcontractors (or their survivors) who sustained an occupational illness due to exposure to radiation, beryllium or silica. Part B

also provides for medical benefits and a supplemental lump-sum payment to awardees under section 5 of the Radiation

Exposure Compensation Act (RECA), 42 U.S.C. 2210 (note). Since October 28, 2004, OWCP has also administered part E of

EEOICPA, which provides for the payment of additional monetary compensation (based on permanent impairment and/or wage

loss) and medical benefits for DOE contractor employees (or their survivors) and uranium miners, millers and ore transporters

covered by section 5 of the RECA (or their survivors) who sustained a covered illness due to exposure to a toxic substance

while working at a DOE facility, or a uranium mine or mill covered under section 5 of RECA.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 30 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 U.S.C. 7384d(a); 42 U.S.C. 7385s-10(e); E.O. 13179

Legal Deadline: None

60

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 09/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rachel P. Leiton 

Director, Division of Energy Employees Occupational Illness Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue NW, Room C-321, FP Building, Washington , DC 20210

Washington , DC 20210 

Phone: 202 693-0081

FAX: 202 693-1465

E-Mail: leiton.rachel@dol.gov

Department of Labor (DOL)

Office of Workers Compensation ( OWCP ) RIN: 1240-AA09

 View Related Documents

Title: Longshore and Harbor Workers' Compensation Act: Transmission of Documents and Information

Abstract: 

The current regulations implementing the Longshore and Harbor Workers' Compensation Act and its extensions unnecessarily

restrict the methods by which injured workers, their survivors, employers, insurance carriers, and the Office of Workers'

Compensation Programs may communicate. They also do not address electronic communication methods (e.g., facsimile, email, etc.). Establishing parameters for electronic communications has become increasingly important as more private

individuals and businesses have adopted electronic means as their preferred method of communication. The proposed rule will

add electronic communication options that are consistent with the statute and compatible with the Department's electronic

infrastructure, and broaden the acceptable methods of non-electronic communications.

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

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 702 to 704 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 U.S.C. 939

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/12/2015 80 FR 12957 

Direct Final Rule 03/12/2015 80 FR 12917 

NPRM Comment Period End 05/11/2015 

Direct Final Rule Comment Period End 05/11/2015 

Regulatory Flexibility Analysis Required: No 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 

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-AA10

 View Related Documents

61

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Title: Black Lung Benefits Act: Disclosure of Medical Information and Payment of Benefits

Abstract: 

OWCP is engaging in this rulemaking to address a variety of programmatic issues that have arisen in administering the Black

Lung Benefits Act. Among them, the current rules do not address whether the parties must disclose medical information they

develop in connection with a claim for benefits. To ensure that coal miners have full access to information about their health

and to enhance the accuracy of entitlement determinations, this rule would address disclosure of medical information. It would

also address a liable party's responsibility to pay benefits under an effective award while pursuing modification.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 725 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 U.S.C. 923(b); 30 U.S.C. 932(a); 30 U.S.C. 936

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/29/2015 80 FR 23743 

NPRM Comment Period End 06/29/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Michael Chance 

Director, Division of Coal Mine Workers? Compensation

Department of Labor

Office of Workers Compensation

200 Constitution Avenue, NW, Room C-3520, FP Building

Washington , DC 20210 

Phone: 202 343-5904

FAX: 202 693-1380

E-Mail: chance.michael@dol.gov

Department of Labor (DOL)

Office of Workers Compensation ( OWCP ) RIN: 1240-AA11

 View Related Documents

Title: Black Lung Benefits Act: Medical Benefit Payments

Abstract: 

Coal miners who are totally disabled by pneumoconiosis and found entitled to monetary compensation under the Black Lung

Benefits Act are also entitled to medical benefits for treatment of their disease and associated disability. The current program

regulations generally provide that payment for medical treatment and services is capped at the rate prevailing in the community

where the service provider is located but provide no method for determining that rate. To fill this gap for medical benefit

payments made from the Black Lung Disability Trust Fund, OWCP will propose rules incorporating the fee schedule used in

other OWCP-administered programs. OWCP had previously included this topic in RIN 1240-AA10 but has since decided to

propose these rules in a separate NPRM.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 20 CFR 725 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 U.S.C. 932(a); 30 U.S.C. 936

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Michael Chance 

Director, Division of Coal Mine Workers? Compensation

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor

Office of Workers Compensation

200 Constitution Avenue, NW, Room C-3520, FP Building

Washington , DC 20210 

Phone: 202 343-5904

FAX: 202 693-1380

E-Mail: chance.michael@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 of Labor 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 U.S.C. 433 and 438

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2015 

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

200 Constitution Avenue NW., Room N-5609, FP Building

Washington , DC 20210 

Phone: 202 693-0123

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA06

 View Related Documents

Title: Mandatory Electronic Filing for Filers of the Form LM-3 and LM-4 Labor Organization Annual Reports

Abstract: 

Labor organizations covered by the Labor-Management Reporting and Disclosure Act (LMRDA), and similar statutes, must file

annual financial disclosure reports with the Department’s Office of Labor-Management Standards (OLMS). Currently, the largest

labor organizations, those with $250,000 or more in total annual receipts, file the Form LM-2, which requires filers to submit the

report electronically. This proposed rule would require smaller labor organizations having fewer receipts, which file either Form

LM-3 and LM-4 Labor Organization Annual Reports, to also submit their reports electronically. Filers would use the OLMS

Electronic Forms System (EFS), which is a web-based system that is free of charge. As with the Form LM-2 filers, Form LM-3

and LM-4 filers would be able to apply to OLMS for a hardship exemption.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 403 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 29 U.S.C. 431; 29 U.S.C. 438

Legal Deadline: None

63

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 02/00/2016 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: 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

200 Constitution Avenue NW., FP Bldg, Rm N-5609

Washington , DC 20210 

Phone: 202 693-0123

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

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

 View Related Documents

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

Abstract: 

The Department of Labor 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 U.S.C. 433; 29 U.S.C. 438

Legal Deadline: None

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 Extended End 09/21/2011 

Final Rule 12/00/2015 

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

200 Constitution Avenue NW., Room N-5609, FP Building

Washington , DC 20210 

Phone: 202 693-0123

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

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

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
 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 E.O. 11246, as amended; 30 FR 12319; 32 FR 14303, as

amended by E.O. 12086

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2015 

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 and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW., FP Building, Room C-3325

Washington , DC 20210 

Phone: 202 693-0103

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL) 

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

 View Related Documents

Title: Requirement to Report Summary Data on Employee Compensation (Compensation Data Collection)

Abstract: 

The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing Executive Order 11246, as

amended, (EO 11246) which prohibits Federal Government contractors and subcontractors from discriminating against

individuals in employment based on race, color, sex, religion or national origin. The EO 11246 also requires these employers to

take affirmative action to provide equal employment opportunity. On April 8, 2014, President Barack Obama issued a

memorandum to the Secretary of Labor, directing him to propose, within 120 days of the date of the memorandum, a rule that

would require Federal contractors and subcontractors to submit to the Department of Labor summary data on the compensation

paid to their employees, including data by sex and race. While working women have made extraordinary progress over the past

five decades since enactment of the Equal Pay Act of 1963, they still earn only 77 cents for every dollar that a man earns. For

African-American women and Latinas, the pay gap is even greater. This pay differential shortchanges women and their families

by thousands of dollars a year, and potentially hundreds of thousands of dollars over a lifetime. Federal law, including the Equal

Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and Executive Order 11246 of September 24, 1965 (Equal Employment

Opportunity), specifically prohibit compensating men and women differently for the same work. OFCCP regulations at 41 CFR

Part 60-1 implementing Executive Order 11246, as amended, set forth obligations of covered contractors and subcontractors.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Presidential Memorandum, Advancing Pay Equality Through Compensation Data Collection (issued April 8,

2014); Executive Order 11256, September 24, 1965, 30 FR 12319, as amended

Legal Deadline: None

Timetable:

65

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Action Date FR Cite

ANPRM 08/10/2011 76 FR 49398 

ANPRM Comment Period End 10/11/2011 

NPRM 08/08/2014 79 FR 46562 

NPRM Comment Period End 11/06/2014 

NPRM Comment Period Extended 11/05/2014 79 FR 65613 

NPRM Comment Period Extended End 01/05/2015 

Final Rule 11/00/2015 

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 and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW., FP Building, Room C-3325

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: Discrimination on the Basis of Sex

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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 201, E.O. 11246, 30 FR 12319 and E.O. 11375, 32 FR 14303, as amended by E.O. 12086

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/30/2015 80 FR 5245 

NPRM Comment Period End 03/31/2015 

NPRM Comment Period Extended 04/01/2015 80 FR 17373 

NPRM Comment Period Extended End 04/14/2015 

Final Rule 12/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

Agency Contact: Debra A. Carr 

Director, Division of Policy and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW., FP Building, Room C-3325

Washington , DC 20210 

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
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-AA06

 View Related Documents

Title: Prohibitions Against Pay Secrecy Policies and Actions

Abstract: 

The Office of Federal Contract Compliance Programs (OFCCP) is publishing revisions to the regulation implementing EO 11246,

as amended, in accordance with EO 13665, which was signed by President Barack Obama on April 8, 2014. EO 13665

amends EO 11246, which currently prohibits discrimination and requires affirmative action by Federal contractors and

subcontractors to ensure equal employment opportunity on the bases of race, color, religion, sex, and national origin, by adding

that discrimination based on the inquiry, discussion, or disclosure of pay is also prohibited.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Executive Order titled Non-Retaliation for Disclosure of Compensation Information (issued April 8, 2014);

E.O. 11256 (Sept 24, 1965) 30 FR 12319, as amended; 40 U.S.C. 101 et seq, Federal and Property Administrative Services

Act,

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/17/2014 79 FR 55712 

NPRM Comment Period End 12/16/2014 

Final Rule 08/00/2015 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Debra A. Carr 

Director, Division of Policy and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW., FP Building, Room C-3325

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-AA07

 View Related Documents

Title: Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by

Contractors and Subcontractors

Abstract: 

The Office of Federal Contract Compliance Programs (OFCCP) is publishing revisions to the regulations implementing Executive

Order (EO) 11246, as amended, in accordance with Executive Order (EO) 13672, which was signed by President Barack

Obama on July 21, 2014. EO 13672 amends EO 11246, which currently prohibits discrimination and requires affirmative action

by Federal contractors and subcontractors to ensure equal employment opportunity on the bases of race, color, religion, sex,

and national origin, by adding the bases of "sexual orientation" and "gender identity."

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

67

Regulations.gov Thursday, May 21, 2015 Unified Agenda
CFR Citation: 41 CFR 60-1; 41 CFR 60-2; 41 CFR 60-4; 41 CFR 60-50 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: sec 201, E.O. 11246, 30 FR 12319, September 28, 1965 as amended; E.O. 13672, 79 FR 42971, July 23,

2014

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/09/2014 79 FR 72985 

Final Rule Effective 04/08/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Undetermined

Agency Contact: Debra A. Carr 

Director, Division of Policy and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW., FP Building, Room C-3325

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-AA28

 View Related Documents

Title: Administrative Review Board Rules of Practice and Procedure

Abstract: 

The proposed regulations establish procedures for appeals before the Administrative Review Board. The Board has jurisdiction,

pursuant to a delegation of authority by the Secretary of Labor, over appeals of decisions and orders issued by Department of

Labor Administrative Law Judges and the Administrator of the Wage and Hour Division arising under those laws and

implementing regulations identified in Secretary's Order 02-2012, 75 Fed. Reg. 69378 (Nov. 16, 2012). The Board currently has

agency appellate review authority over more than 50 worker protections laws. Since the Board's formation in 1996, it has

operated without prescribed rules of practice and procedure. The proposed regulations incorporate and codify current Board

operating procedures to provide more thorough and accurate rules, and guidance to parties who come before the Board. The

regulations establish rules of practice and procedure for the Board that would apply where a governing statue, regulation, or

executive order does not establish contrary rules of practice or procedure and where rules of practice and procedure currently

do not exist. They are intended to govern all appeals and proceedings before the Board where not in conflict with a governing

statute, regulation or executive order.

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

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Secretary of Labor Order 02-2012, 75 FR 69378 (November 16, 2012)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Agency Contact: Edward Cooper Brown 

Deputy Chief Administrative Appeals Judge

Department of Labor

Office of the Secretary

200 Constitution Avenue, NW., FP Building

Washington , DC 20210 

Phone: 202 693-5030

E-Mail: brown.e.cooper@dol.gov

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Regulations.gov Thursday, May 21, 2015 Unified Agenda
Department of Labor (DOL) 

Office of the Secretary ( OS ) RIN: 1290-AA29

 View Related Documents

Title: Equal Treatment in Department of Labor Programs for Faith-Based and Neighborhood Partnerships; Protection of

Religious Liberty of Department of Labor Social Service Providers and Beneficiaries

Abstract: This rule will implement Executive Order (EO) 13559, which amended EO 13279. EO 13279 clarified the fundamental

principles that guide agencies' work with faith-based and community organizations. EO 13559, among other things, requires that

agencies provide beneficiaries of social service programs supported by Federal financial assistance certain protections when

they receive services from a faith-based organization. Current regulations implement EO 13279. We propose amending these

regulations to establish new requirements and modify existing requirements consistent with EO 13559.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: E.O. 13559

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Phi Tom 

Director

Department of Labor

Office of the Secretary

200 Constitution Avenue, NW, Room C-2318, FP Building

Washington , DC 20210 

Phone: 202 693-6030

Department of Labor (DOL)

Office of the Secretary ( OS ) RIN: 1290-AA30

 View Related Documents

Title: Department of Labor Freedom of Information Act Regulations

Abstract: 

This proposed rule would implement the provisions of the Freedom of Information Act, 5 USC 552, as amended. The rule would

supersede the Department’s current FOIA regulations, located at 29 CFR part 70, by incorporating substantive and

administrative changes mandated by the Openness Promotes Effectiveness in our National Government Act of 2007 (OPEN

Government Act), reflect changes in DOL’s administrative structure, and organize the regulations to more closely match those of

other executive branch agencies for ease of reference. The rule will also reflect the disclosure principles established by the

President and Attorney General in their FOIA Policy Memoranda issued on January 12, 2009, and March 19, 2009, respectively.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 70 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 U.S.C. 552 (as amended)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

69

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Agency Contact: Ramona Oliver Department of Labor

Office of the Secretary

200 Constitution Avenue NW.

Washington , DC 20210 

Phone: 202 693-5391

E-Mail: oliver.ramona@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: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 18A (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 U.S.C. 301; 5 U.S.C. 551 to 557; 5 U.S.C. 571 et seq; E.O. 12778; 57 FR 7292

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/04/2012 77 FR 72141 

NPRM Comment Period End 02/03/2013 

Final Rule 05/00/2015 

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 

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 Department of Labor (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 the 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.

70

Regulations.gov Thursday, May 21, 2015 Unified Agenda
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: 31 U.S.C. 3720D; The Debt Collection Improvement Act of 1996

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/00/2015 

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 

Phone: 202 693-4472

FAX: 202 693-6963

E-Mail: alexander.sheila@dol.gov

Department of Labor (DOL)

Office of the Assistant Secretary for Administration and Management ( OASAM ) RIN: 1291-AA36

 View Related Documents

Title: Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity

Act of 2014

Abstract: 

The U.S. Department of Labor (Department) is proposing to issue nondiscrimination and equal opportunity regulations replacing

its part 38 final rule, issued on (DATE) which implemented Section 188 of the Workforce Innovation and Opportunity Act of 2014

(WIOA). Signed by President Obama on July 22, 2014, WIOA supersedes the Workforce Investment Act of 1998 (WIA) as the

Department’s primary mechanism for providing financial assistance for a comprehensive system of job training and placement

services for adults and eligible youth. Section 188 of WIOA prohibits the exclusion of an individual from participation in, denial of

the benefits of, discrimination in, or denial of employment in the administration of or in connection with, any programs and

activities funded or otherwise financially assisted in whole or in part under title I of WIOA because of race, color, religion, sex,

national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship status, or participation in a

program or activity that receives financial assistance under title I of WIOA. These proposed regulations would update part 38

consistent with current law and address its application to current workforce development and workplace practices and issues.

WIOA becomes fully effective on July 22, 2015, and contains the identical provisions of section 188 as appeared in WIA. To

ensure no gap in coverage while this rulemaking progresses toward a final rule, the Department is issuing simultaneously with

publication of this NPRM a final rule as 29 CFR part 38 implementing section 188 of WIOA, which would apply during the

interim period between July 22, 2015 and issuance of the final rule based on this NPRM. The final rule issued separately today

retains the provisions in part 37 but substitutes all references to WIA with WIOA to reflect the proper statutory authority. This

NPRM revises the part 38 rule. This proposed rule generally carries over the policies and procedures found in 29 CFR parts 37

and 38, which implement the equal opportunity and nondiscrimination provisions of WIA and WIOA, respectively. Like the part

38 final rule issued today, this rule is organized by the same subparts A through E, and refers to changes or revisions made to

the part 38 language. Each subpart has significant revisions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 38 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. 2938(e).

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

71

Regulations.gov Thursday, May 21, 2015 Unified Agenda
Energy Affected: No

Agency Contact: Naomi Barry-Perez

Director, Civil Rights Center

Department of Labor

Office of the Assistant Secretary for Administration and Management

200 Constitution Avenue, NW, Room N-4123, FP Building

Washington , DC 20210 

Phone: 202 693-6500

TDD Phone: 800 877-8339

FAX: 202 693-6505

E-Mail: barry-perry.naomi@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 Veterans Opportunity to Work (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 Disabled Veterans Outreach

Program and Local Veterans Employment Representatives. Further, the Act allows the Secretary to reduce funding to a State

based on audit findings of non-compliance. In order to fully implement the VOW Act, Veterans Employment and Training

Services 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: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 20 CFR 1001 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Pub. L. 112-56, sec 241

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

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 

Phone: 312 353-4942

E-Mail: delofsky.joel@dol.gov

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Regulations.gov Thursday, May 21, 2015 Unified Agenda