DEPARTMENT OF LABOR 

Fall 2012 Statement of Regulatory Priorities 

The Department of Labor’s fall 2012 agenda continues Secretary Solis’ vision of Good Jobs for 

Everyone. It also renews the Labor Department’s commitment to efficient and effective regulation 

through the review and modification of our existing regulations, consistent with Executive Order 

13563 (“E.O. 13563”). 

The Labor Department's vision of a "good job" includes jobs that: 

• Increase workers' incomes and narrow wage and income inequality; 

• Assure workers are paid their wages and overtime; 

• Are in safe and healthy workplaces, and fair and diverse workplaces; 

• Provide workplace flexibility for family and personal care-giving; 

• Improve health benefits and retirement security for all workers; and, 

• Assure workers have a voice in the workplace. 

The Department continues to use a variety of mechanisms to achieve the goal of Good Jobs for 

Everyone, including increased enforcement actions, increased education and outreach, and 

regulatory actions that foster compliance. At the same time, the Department is enhancing the 

efficiency and effectiveness of its efforts through targeted regulatory actions designed to improve 

compliance and burden reduction initiatives. The Department’s Plan/Prevent/Protect and Openness 

and Transparency compliance strategies and the implementation of E.O. 13563 create unifying 

themes that seek to foster a new calculus that strengthens protections for workers. By requiring 

employers and other regulated entities to take full ownership over their adherence to Department 

regulations and promoting greater openness and transparency for employers and workers alike, the 

Department seeks to significantly increase compliance. The increased effectiveness of this 
compliance strategy will enable the Department to achieve the Good Jobs for Everyone goal in a 

regulatory environment that is more efficient and less burdensome. 

Plan/Prevent/Protect Compliance Strategy: The regulatory actions that comprise the 

Department’s Plan/Prevent/Protect strategy are designed to ensure employers and other regulated 

entities are in full compliance with the law every day, not just when Department inspectors come 

calling. The Plan/Prevent/Protect strategy was first announced with the Spring 2010 Regulatory 

Agenda. Employers, unions, and others who follow the Department's Plan/Prevent/Protect strategy 

will assure compliance with employment laws before Labor Department enforcement personnel 

arrive at their doorsteps. Most important, they will assure that workers get the safe, healthy, 

diverse, family-friendly, and fair workplaces they deserve. In the Fall 2012 Regulatory Agenda, the 

Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration 

(MSHA), and the Office of Federal Contract Compliance Programs (OFCCP) will all propose 

regulatory actions furthering the Department’s implementation of the Plan/Prevent/Protect strategy. 

Openness and Transparency - Tools for Achieving Compliance: Greater openness and 

transparency continues to be central to the Department's compliance and regulatory strategies. The 

fall 2012- regulatory plan demonstrates the Department's continued commitment to conducting the 

people's business with openness and transparency, not only as good Government and stakeholder 

engagement strategies, but as important means to achieve compliance with the employment laws 

administered and enforced by the Department. Openness and transparency will not only enhance 

agencies' enforcement actions but will encourage greater levels of compliance by the regulated 

community and enhance awareness among workers of their rights and benefits. When employers, 

unions, workers, advocates, and members of the public have greater access to information 

concerning workplace conditions and expectations, then we all become partners in the endeavor to 

create Good Jobs for Everyone.
Risk Reduction: The Department believes Plan/Prevent/Protect and increased Openness and 

Transparency will result in improvements to worker health and safety; fair pay, earned overtime 

compensation, secure benefits; fair, diverse and family-friendly environments that provide 

workplace flexibility for family and personal care-giving However, when the Department identifies 

specific hazards and risks to worker health, safety, security, or fairness, the Department will utilize 

its regulatory powers to limit the risk to workers. The Fall 2012 Regulatory Agenda includes 

examples of such regulatory initiatives to address such specific concerns, many of which are 

discussed in this document.

Retrospective Review of Existing Rules: The Fall 2012 Regulatory Agenda aims to achieve more 

efficient and less burdensome regulation through retrospective review of Labor Department 

regulations. On January 18, 2011, the President issued Executive Order (E.O.) 13563 entitled 

“Improving Regulation and Regulatory Review.” The E.O. aims to “strike the right balance” 

between what is needed to protect health, welfare, safety, and the environment for all Americans, 

and what is needed to foster economic growth, job creation, and competitiveness. 

In August 2011, as part of a Government wide response to E.O. 13563, the Department published 

its Plan for Retrospective Analysis of Existing Rules, which identifies several burden-reducing 

review projects. On March 26, 2012 OSHA published the Hazard Communication/Globally 

Harmonized System for Classification and Labeling of Chemicals final rule. Cost savings for 

employers from productivity improvements arising from the rule were estimated to be $507.2 million 

annually. The estimated net benefits of the rule are $556 million annually. EBSA’s Abandoned Plan 

Program, results in an estimated $500,000 savings, and expanding the program will provide 

substantial benefits to plans of sponsors in bankruptcy liquidation and bankruptcy trustees while 

imposing minimal costs ($64,000). These projects estimate monetized savings that would eliminate 

between roughly $580 to $790 million in annual regulatory burdens. Proposals such as OSHA’s 

Standard Improvement Project – Phase IV (SIP IV) and Revocation of Certification Records are 
expected to produce additional savings. Several non-regulatory actions are expected to have 

similar results. 

 The Department is also taking action to eliminate regulations that are no longer effective or 

enforceable. This effort will include removal of the Job Training Partnership Act program 

requirements; attestation requirements by facilities using nonimmigrant aliens as registered nurses 

as implemented through the Immigration Nursing Relief Act of 1999; and, attestation requirements 

by employers using F-1 students in off-campus work as authorized by the supplementing sections 

of Immigration Act of 1990. It will also include removal of regulatory actions that are no longer 

enforceable, including labor certification process requirements for logging employment and non-H2A agricultural employment. In total, this agenda includes 10 review projects --- that is, more than 

13 percent of all the Department’s planned regulatory actions. 

 Pursuant to section 6 of E.O. 13563, the following Regulatory Identifier Numbers (RINs) are 

associated with the Department’s Plan for Retrospective Analysis of Existing Rules. More 

information about completed rulemakings, which are no longer included in the plan, can be found 

on Reginfo.gov. The original August 2011 DOL Plan for Retrospective Analysis of Existing Rules 

and subsequent quarterly updates can be found at: http://www.dol.gov/regulations/ 

Regulatory Identifier 

Number 

Title of Rulemaking Whether it is Expected to 

Significantly Reduce 

Burdens on Small 

Businesses 

1218-AC34 Bloodborne Pathogens No 

1218-AC77 Updating OSHA Standards 

Based on National Consensus 

Standards (Signage) 

No 
1218-AC67 Standard Improvement Project 

– Phase IV (SIP IV) 

Yes 

1218-AC75 Cranes and Derricks in 

Construction: Revision to 

Digger Derricks’ Requirements 

Yes 

1218-AC74 Review/Lookback of OSHA 

Chemical Standards 

To Be Determined 

1218-AC80 Revocation of Certification 

Records 

To Be Determined 

1219-AB72 Criteria and Procedures for 

Proposed Assessment of Civil 

Penalties (Part 100) 

To Be Determined 

1250-AA05 Sex Discrimination Guidelines To Be Determined 

1210-AB47 Amendment of Abandoned 

Plan Program 

Yes 

1205-AB59 Equal Employment 

Opportunity in Apprenticeship 

and Training, Amendment of 

Regulations 

To Be Determined 

1205-AB62 Implementation of Total 

Unemployment Rate Extended 

Benefits Trigger and Rounding 

Rule 

No 

1205-AB68 Job Training Partnership Act; 

Removal of JTPA 

No, action will not increase 

burden to small businesses as 
regulatory provisions are no 

longer operative 

1205-AB65 Labor Certification Process for 

Logging Employment and 

Non-H-2A Agricultural 

Employment 

No, action will not increase 

burden to small businesses as 

regulatory provisions are no 

longer operative 

1205-AB66 Attestations by Employers 

Using F-1 Students in OffCampus Work 

No, action will not increase 

burden to small businesses as 

regulatory provisions are no 

longer operative 

1205-AB67 Attestations by Facilities Using 

Nonimmigrant Aliens as 

Registered Nurses 

No, action will not increase 

burden to small businesses as 

regulatory provisions are no 

longer operative 

Occupational Safety and Health Administration (OSHA) 

OSHA's regulatory program is designed to help workers and employers identify hazards in the 

workplace, prevent the occurrence of injuries and adverse health effects, and communicate with the 

regulated community regarding hazards and how to effectively control them. Long-recognized 

health hazards and emerging hazards place American workers at risk of serious disease and death 

and are initiatives on OSHA's regulatory agenda. In addition to targeting specific hazards, OSHA is 

focusing on systematic processes that will modernize the culture of safety in America's workplaces 

and retrospective review projects that will update regulations and reduce burdens on regulated 

communities. OSHA’s retrospective review projects under E.O.13563 include consideration of the 
Bloodborne Pathogens standard, updating consensus standards, phase IV of OSHA’s standard 

improvement project (SIP IV), and reviewing various permissible exposure levels. 

Plan/Prevent/Protect

• Infectious Diseases OSHA is considering the need for regulatory action to address the 

risk to workers exposed to infectious diseases in healthcare and other related high-risk 

environments. OSHA is interested in all routes of infectious disease transmission in 

healthcare settings not already covered by its bloodborne pathogens standard (e.g. 

contact, droplet, and airborne) The agency is particularly concerned by studies that indicate 

that transmission of infectious diseases to both patients and healthcare workers may be 

occurring as a result of incomplete adherence to recognized, but voluntary, infection control 

measures. The agency is considering an approach that would combine elements of the 

Department’s Plan/Prevent/Protect strategy with established infection control practices. The 

agency received strong stakeholder participation in response to its May 2010 request for 

information and July 2011 stakeholder meetings. 

In 2007, the healthcare and social assistance sector as a whole had 16.5 million 

employees. Healthcare workplaces can range from small private practices of physicians to 

hospitals that employ thousands of workers. In addition, healthcare is increasingly being 

provided in other settings such as nursing homes, free-standing surgical and outpatient 

centers, emergency care clinics, patients’ homes, and pre-hospitalization emergency care 

settings. OSHA is concerned with the movement of healthcare delivery from the traditional 

hospital setting, with its greater infrastructure and resources to effectively implement 

infection control measures, into more diverse and smaller workplace settings with less 

infrastructure and fewer resources, but with an expanding worker population. 
• Injury and illness Prevention Program: OSHA’s Injury and Illness Prevention Program is 

the prototype for the Department’s Plan/Prevent/Protect strategy. OSHA’s first step in this 

important rulemaking was to hold stakeholder meetings. Stakeholder meetings were held in 

East Brunswick, NJ; Dallas, Texas; Washington, DC; and Sacramento, California, 

beginning in June 2010 and ending in August 2010. More than 200 stakeholders 

participated in these meetings, and in addition, nearly 300 stakeholders attended as 

observers. The proposed rule will explore requiring employers to provide their employees 

with opportunities to participate in the development and implementation of an injury and 

illness prevention program, including a systematic process to proactively and continuously 

address workplace safety and health hazards. This rule will involve planning, implementing, 

evaluating, and improving processes and activities that promote worker safety and health 

hazards. OSHA has substantial evidence showing that employers that have implemented 

similar injury and illness prevention programs have significantly reduced injuries and 

illnesses in their workplaces. The new rule would build on OSHA’s existing Safety and 

Health Program Management Guidelines and lessons learned from successful approaches 

and best practices that have been applied by companies participating in OSHA’s Voluntary 

Protection Program and Safety and Health Achievement Recognition Program, and similar 

industry and international initiatives.

Openness and Transparency

• Modernizing Recordkeeping: OSHA held informal meetings to gather information from 

experts and stakeholders regarding the modification of its current injury and illness data 

collection system that will help the agency, employers, employees, researchers, and the 

public prevent workplace injuries and illnesses, as well as support President Obama's 

Open Government Initiative. Under the proposed rule, OSHA will explore requiring 

employers to electronically submit to the Agency data required by part 1904 (Recording 

and Reporting Occupational Injuries). The proposed rule will enable OSHA to conduct data 

collections ranging from the periodic collection of all part 1904 data from a handful of 
employers to the annual collection of summary data from many employers. OSHA learned 

from stakeholders that most large employers already maintain their part 1904 data 

electronically; as a result, electronic submission will constitute a minimal burden on these 

employers, while providing a wealth of data to help OSHA, employers, employees, 

researchers, and the public prevent workplace injuries and illnesses. The proposed rule 

also does not add to or change the recording criteria or definitions in part 1904. The 

proposed rule only modifies employers’ obligations to transmit information from these 

records to OSHA.

• Whistleblower Protection Regulations: The ability of workers to speak out and exercise 

their legal rights without fear of retaliation is essential to many of the legal protections and 

safeguards that all Americans value. Whether the goal is the safety of our food, drugs, or 

workplaces, the integrity of our financial system, or the security of our transportation 

systems, whistleblowers have been essential to ensuring that our laws are fully and fairly 

executed. In the fall regulatory agenda, OSHA proposes to issue procedural rules that will 

establish consistent and transparent procedures for the filing of whistleblower complaints 

under eight statutes as discussed in the regulatory agenda. These procedural rules will 

strengthen OSHA’s enforcement of its whistleblower program by providing specific 

timeframes and guidance for filing a complaint with OSHA, issuing a finding, avenues of 

appeal, and allowable remedies. 

 Risk Reduction 

• Silica: In order to target one of the most serious hazards workers face, OSHA is 

proposing to address worker exposures to crystalline silica through the promulgation and 

enforcement of a comprehensive health standard. Exposure to silica causes silicosis, a 

debilitating respiratory disease, and may cause cancer, other chronic respiratory 

diseases, and renal and autoimmune disease as well. The seriousness of the health 
hazards associated with silica exposure is demonstrated by the large number of fatalities 

and disabling illnesses that continue to occur. Over 2 million workers are exposed to 

crystalline silica in general industry, construction, and maritime industries. Reducing 

these hazardous exposures through promulgation and enforcement of a comprehensive 

health standard will contribute to OSHA’s goal of reducing occupational fatalities and 

illnesses. As a part of the Secretary’s strategy for securing safe and healthy workplaces, 

MSHA will also utilize information provided by OSHA to undertake regulatory action 

related to silica exposure in mines. 

• Preventing Backover Injuries and Fatalities: Workers across many industries face a 

serious hazard when vehicles perform backing maneuvers, especially vehicles with an 

obstructed view to the rear. OSHA is collecting information on this hazard and 

researching emerging technologies that may help to reduce this risk. NIOSH reports, for 

example, that one-half of the fatalities involving construction equipment occur while the 

equipment is backing. Backing accidents cause at least 60 occupational deaths per year. 

Emerging technologies that address the risks of backing operations include cameras, 

radar, and sonar—to help view or detect the presence of workers on foot in blind areas—

and new monitoring technology, such as tag-based warning systems that use radio 

frequency (RFID) and magnetic field generators on equipment to detect electronic tags 

worn by workers. Along with MSHA, which is developing regulations concerning 

Proximity Detection Systems, and based on information collected and the Agency’s 

review and research, the Agency may consider rulemaking as an appropriate measure to 

address this source of employee risk. The Agency published an RFI on March 27, 2012 

seeking information from the public; the comment period ended on July 27, 2012. 
• Reinforced Concrete in Construction: OSHA has published an RFI seeking 

information about the hazards associated with reinforcing operation in construction. 

Current rules regarding reinforcing steel and post-tensioning activities may not 

adequately address worker hazards in work related to post-tensioning and reinforcing 

steel. Both are techniques for reinforcing concrete and are generally used in commercial 

and industrial construction. OSHA currently has few rules which address the steel 

reinforcing and post-tensioning fields directly. The few rules that do exist are found in 

subpart Q — Concrete and Masonry Construction of 29 CFR 1926. OSHA IMIS data 

indicates that 31 workers died while performing work on or near post-tensioning 

operations or reinforcing steel between 2000 and 2009. The use of reinforced steel and 

post-tensioned poured in place concrete in commercial and industrial construction is 

expected to rise. Without adequate standards, the rate of accidents will likely rise as well. 

Currently, workers performing steel reinforcing suffer injuries caused by unsafe material 

handling, structural collapse, and impalement by protruding reinforcing steel dowels, 

among others. Employees involved in post-tensioning activities are at risk for incidents 

caused by the misuse of post-tensioning equipment and improper training. 

 Regulatory Review and Burden Reduction

• Bloodborne Pathogens: OSHA will undertake a review of the Bloodborne Pathogen 

Standard in accordance with the requirements of the Regulatory Flexibility Act, section 

5 of Executive Order 12866, and E.O. 13563. 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. 
• Updating OSHA Standards Based on National Consensus Standards—Signage: 

Under section 6(a) of the OSH Act, during the first 2 years of the Act, the Agency was 

directed to adopt national consensus standards as OSHA standards. 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. This project is part of a multi-year project to update OSHA 

standards that are based on consensus standards. On June 22nd, OSHA published a 

Direct Final Rule (DFR) and Notice of Proposed Rulemaking (NPRM) addressing 

OSHA’s Head Protection standards. The Agency received no significant adverse 

comment, and the standards went into effect September 20, 2012. On (insert date 

prior to October) OSHA published another DFR/NPRM Consensus Standard 

addressing signage. 

• Standard Improvement Project-- Phase IV (SIP IV): 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. 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 initiated a fourth rulemaking effort 

to identify unnecessary or duplicative provisions or paperwork requirements that is 

focused primarily on revisions to its construction standards in 29 CFR 1926. 
• Cranes and Derricks in Construction: Revision to Digger Derricks’ Requirements:

OSHA published its final Cranes and Derricks in Construction Standard in August 2010. 

Edison Electric Institute (EEI) filed a petition for review challenging several aspects of 

the standard, including the scope of the exemption for digger derricks. As part of the 

settlement agreement with EEI, OSHA agreed to publish a direct final rule expanding 

the scope of a partial exemption for work by digger derricks. In the direct final rule, 

OSHA will revise the scope provision on digger derricks as an exemption for all work 

done by digger derricks covered by subpart V of 29 CFR 1926. The change in scope 

will result in an estimated cost savings of $21.6 million annually. 

• Review-Lookback of OSHA Chemical Standards: The majority of OSHA’s 

Permissible Exposure Limits (PELs) were adopted in 1971 under section 6(a) of the 

OSH Act, and only a few have been successfully updated since that time. There is 

widespread agreement among industry, labor, and professional occupational safety 

and health organizations that OSHA’s PELs are outdated and need revising in order to 

take into account newer scientific data that indicate that significant occupational health 

risks exist at levels below OSHA’s current PELs. In 1989, OSHA issued a final 

standard that lowered PELs for over 200 chemicals and added PELs for 164. 

However, the final rule was challenged and ultimately vacated by the 11th Circuit Court 

of Appeals in 1991 citing deficiencies in OSHA’s analyses. Since that time, OSHA has 

made attempts to examine its outdated PELs in light of the Court’s 1991 decision. 

Most recently, OSHA sought input through a stakeholder meeting and web forum to 

discuss various approaches that might be used to address its outdated PELs. As part 

of the Department’s Regulatory Review and Lookback Efforts, OSHA is developing a 

Request for Information (RFI), seeking input from the public to help the Agency identify 

effective ways to address occupational exposure to chemicals. 
• Confined Spaces in Construction: 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 did not address confined space entry in construction. 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. The proposed rule for confined 

spaces in construction was published in 2007, public hearings were held in 2008. 

Mine Safety and Health Administration (MSHA) 

The Mine Safety and Health Administration is the worker protection agency focused on the 

prevention of death, disease, and injury from mining and the promotion of safe and healthful 

workplaces for the Nation’s miners. The Department believes that every worker has a right to a safe 

and healthy workplace. Workers should never have to sacrifice their lives for their livelihood, and all 

workers deserve to come home to their families at the end of their shift safe and whole. MSHA’s 

approach to reducing workplace fatalities and injuries includes promulgating and enforcing 

mandatory health and safety standards. MSHA’s retrospective review project under E.O.13563 

addresses revising the process for proposing civil penalties. 

Plan/Prevent/Protect 

• Proximity Detection Systems for Continuous Mining Machines in Underground Coal 

Mines: MSHA published a proposed rule to address the danger that miners face when 

working near continuous mining machines in underground coal mines. MSHA has 

concluded, from investigations of accidents involving mobile equipment and other reports, 

that action was necessary to protect miners. From 1984 to 2012, there have been 32 

fatalities resulting from pinning, crushing or striking accidents involving continuous mining 

machines. Proximity detection technology can prevent these types of accidents. Proximity 
detection systems can be installed on mining machinery to detect the presence of 

personnel or equipment within a certain distance of the machine. The rule would 

strengthen the protection for underground miners by reducing the potential for pinning, 

crushing, or striking hazards associated with working close to continuous mining machines.

• Proximity Detection Systems for Mobile Machines in Underground Mines: MSHA 

plans to publish a proposed rule to require underground coal mine operators to equip 

shuttle cars, coal hauling machines, continuous haulage systems, and scoops with 

proximity detection systems. Miners working near these machines face pinning, crushing, 

and striking hazards that have resulted, and continue to result, in accidents involving life 

threatening injuries and death. The proposal would strengthen protections for miners by 

reducing the potential for pinning, crushing, or striking accidents in underground mines.

Openness and Transparency 

• Pattern of Violations: MSHA has determined that the existing pattern criteria and 

procedures contained in 30 CFR part 104 do not reflect the statutory intent for section 

104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act). The legislative 

history of the Mine Act explains that Congress intended the pattern of violations to be 

an enforcement tool for operators who have demonstrated a disregard for the health 

and safety of miners. These mine operators, who have a chronic history of persistent 

significant and substantial (S&S) violations, needlessly expose miners to the same 

hazards again and again. This indicates a serious safety and health management 

problem at a mine. The goal of the pattern of violations final rule is to compel operators 

to manage health and safety conditions so that the root causes of S&S violations are 

found and fixed before they become a hazard to miners. The final rule would reflect 

statutory intent, simplify the pattern of violations criteria, and improve consistency in 

applying the pattern of violations criteria. MSHA developed an online service that 
enables mine operators, miners, and others to monitor a mining operation to determine 

if the mine could be approaching a potential pattern of violations. The web tool 

contains the specific criteria that MSHA uses to review a mine for a potential pattern of 

violations. The pattern of violations monitoring tool promotes openness and 

transparency in government. 

• Notification of Legal Identity: The existing requirements do not provide sufficient 

information for MSHA to identify all of the mine ‘‘operators’’ responsible for operator 

safety and health obligations under the Federal Mine Safety and Health Act of 1977, as 

amended. This proposed regulation would expand the information required to be 

submitted to MSHA to create more transparent and open records that would allow the 

Agency to better identify and focus on the most egregious or persistent violators and 

more effectively deter future violations by imposing penalties and other remedies on 

those violators. 

Risk Reduction 

• Lowering Miners’ Exposure to Coal Mine Dust, including Continuous Personal Dust 

Monitors: MSHA will continue its regulatory action related to preventing Black Lung 

disease. Data from the NIOSH indicate increased prevalence of coal workers 

pneumoconiosis (CWP) “clusters” in several geographical areas, particularly in the 

Southern Appalachian Region. MSHA published a notice of proposed rulemaking to 

address continued risk to coal miners from exposure to respirable coal mine dust. This 

regulatory action is part of MSHA’s Comprehensive Black Lung Reduction Strategy for 

reducing miners’ exposure to respirable dust. This strategy includes enhanced 

enforcement, education and training, and health outreach and collaboration. 
• Regulatory Actions in Response to Recommendations Resulting From the 

Investigation of the Upper Big Branch Explosion: On April 5, 2010, a massive coal dust 

explosion occurred a the Upper Big Branch Mine. Following the explosion, MSHA 

conducted its investigation under the authority of the Federal Mine Safety and Health Act 

of 1977, for the purpose of obtaining, using, and disseminating information relating to the 

causes of accidents. The accident report included recommendations for regulatory actions 

to prevent a recurrence of this type of accident. MSHA also conducted an internal review 

(IR) into the Agency’s actions leading up to the explosion. The IR report also included 

recommendations for regulatory actions. In response to the recommendations, MSHA will 

address issues associated with rock dusting, ventilation, the operator’s responsibility for 

certain mine examinations and certified persons. 

• Respirable Crystalline Silica Standard: The Agency’s regulatory actions also exemplify 

a commitment to protecting the most vulnerable populations while assuring broad-based 

compliance. Health hazards are pervasive in both coal and metal/nonmetal mines, 

including surface and underground mines and large and small mines. As mentioned 

previously, as part of the Secretary’s strategy for securing safe and healthy workplaces, 

both MSHA and OSHA will be undertaking regulatory actions related to silica. 

Overexposure to crystalline silica can result in some miners developing silicosis, an 

irreversible but preventable lung disease, which ultimately may be fatal. In its proposed 

rule, MSHA plans to follow the recommendations of the Secretary of Labor’s Advisory 

Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers, the National 

Institute for Occupational Safety and Health (NIOSH), and other groups to address the 

exposure limit for respirable crystalline silica. As another example of intra-departmental 

collaboration, MSHA intends to consider OSHA’s work on the health effects of 

occupational exposure to silica and OSHA’s risk assessment in developing the appropriate 

standard for the mining industry. 
 Regulatory Review and Burden Reduction 

• Criteria and Procedures for Proposed Assessment of Civil Penalties (Part 100):

MSHA plans to publish a proposed rule to revise the process for proposing civil 

penalties. The assessment of civil penalties is a key component in MSHA’s strategy to 

enforce safety and health standards. The Congress intended that the imposition of civil 

penalties would induce mine operators to be proactive in their approach to mine safety 

and health, and take necessary action to prevent safety and health hazards before they 

occur. MSHA believes that the procedures for assessing civil penalties can be revised 

to improve the efficiency of the Agency’s efforts and to facilitate the resolution of 

enforcement issues. 

Office of Federal Contract Compliance Programs (OFCCP) 

Through the work of OFCCP, DOL ensures that contractors and subcontractors doing business with 

the Federal Government provide equal employment opportunity and take affirmative action to 

create fair and diverse workplaces. OFCCP also combats discrimination based on race, color, 

religion, sex, national origin, disability, or status as a protected veteran by ensuring that federal 

contractors recruit, hire, train, promote, terminate, and compensate workers in a nondiscriminatory 

manner. DOL, through OFCCP, protects workers, promotes diversity and enforces civil rights laws. 

Plan/Prevent/Protect 

• Construction Contractor Affirmative Action Requirements: OFCCP plans to 

publish a proposed rule that would enhance the effectiveness of the affirmative action 

programs of Federal and federally assisted construction contractors and 
subcontractors. The existing regulations provide that the Director is to issue goals and 

timetables for the utilization of minorities and women based on appropriate workforce, 

demographic or other relevant data. The existing minority goals for construction were 

issued in a 1980 based on 1970 Census data, the most current data available at the 

time. The goals for the utilization of women in the construction occupations were 

issued in 1978, and extended indefinitely in 1980, are were also developed using 1970 

Census data. The proposed rule would remove these outdated goals and instead give 

contractors increased flexibility to assess their workforce and determine whether 

disparities in the utilization of women or the utilization of a particular racial or ethnic 

group in an on-site construction job group exist. The proposed rule would also provide 

contractors and subcontractors the tools to assess their progress and appropriately 

tailor their affirmative action plans. The proposed rule would strengthen affirmative 

action programs particularly in the areas of recruitment, training, and apprenticeships. 

The proposed rule would also allow contractors and subcontractors to focus on their 

affirmative action obligations earlier in the contracting process. OFCCP is coordinating 

with the Employment and Training Administration (ETA), which is developing a 

proposed regulation revising the equal opportunity regulatory framework under the 

National Apprenticeship Act. 

 Regulatory Review and Burden Reduction 

• Sex Discrimination Guidelines: OFCCP proposes updating regulations setting forth 

contractors’ obligations not to discriminate on the basis of sex under Executive Order 

11246, as amended. The Sex Discrimination Guidelines, found at 41 CFR Part 60-20, 

have not been updated in more than 30 years and warrants a regulatory lookback. 

Since that time, the nature and extent of women’s participation in the labor force and 

employer policies and practices have changed significantly. In addition, extensive 

changes in the law regarding sex-based employment discrimination have taken place. 
Title VII of the Civil Rights Act of 1964, which generally governs the law of sex-based 

employment discrimination, has been amended twice. The nondiscrimination 

requirement of the Sex Discrimination Guidelines also applies to contractors and 

subcontractors performing under federally assisted construction contracts. OFCCP will 

issue a Notice of Proposed Rulemaking to create sex discrimination regulations that 

reflect the current state of the law in this area. 

Employee Benefits Security Administration (EBSA) 

The Employee Benefits Security Administration (EBSA) is responsible for administering and 

enforcing the fiduciary, reporting and disclosure, and health coverage provisions of title I of the 

Employee Retirement Income Security Act of 1974 (ERISA). This includes recent amendments and 

additions to ERISA enacted in the Pension Protection Act of 2006, as well as new health coverage 

provisions under the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act). 

EBSA’s regulatory plan initiatives are intended to improve health benefits and retirement security 

for workers in every type of job at every income level. EBSA is charged with protecting 

approximately 140 million Americans covered by an estimated 707,000 private retirement plans, 2.3 

million health plans, and similar numbers of other welfare benefit plans, which together hold $6.7 

trillion in assets. 

EBSA will continue to issue guidance implementing the health reform provisions of the Affordable 

Care Act to help provide better quality health care for American workers and their families. EBSA's 

regulations reduce discrimination in health coverage, promote better access to quality coverage, 

and protect the ability of individuals and businesses to keep their current health coverage. Many 

regulations are joint rulemakings with the Departments of Health and Human Services and the 

Treasury. 
Using regulatory changes to produce greater openness and transparency is an integral part of 

EBSA's contribution to a department-wide compliance strategy. These efforts will not only enhance 

EBSA's enforcement toolbox but will encourage greater levels of compliance by the regulated 

community and enhance awareness among workers of their rights and benefits. Several proposals 

from the EBSA agenda expand disclosure requirements, substantially enhancing the availability of 

information to employee benefit plan participants and beneficiaries and employers, and 

strengthening the retirement security of America's workers. EBSA’s retrospective review project 

under E.O.13563 is Abandoned Plan Program amendments. 

Risk Reduction 

• Health Reform Implementation: Since the passage of health care reform, EBSA has 

helped put the employment-based health provisions into action. Working with HHS and 

Treasury, EBSA has issued regulations covering issues such as the elimination of 

preexisting condition exclusions for children under age 19, internal and external 

appeals of benefit denials, the extension of coverage for children up to age 26, and a 

ban on rescissions (which are retroactive terminations of health care coverage). These 

regulations will eventually impact up to 138 million Americans in employer-sponsored 

plans. EBSA will continue its work in this regard, to ensure a smooth implementation of 

the legislation’s market reforms, minimizing disruption to existing plans and practices, 

and strengthening America’s health care system. 

• Enhancing Participant Protections: EBSA plans to re-propose amendments to its 

regulations to clarify the circumstances under which a person will be considered a 

"fiduciary" when providing investment advice to retirement plans and other employee 

benefit plans and participants and beneficiaries of such plans. The amendments would 

take into account current practices of investment advisers and the expectations of plan 

officials and participants who receive investment advice. This initiative is intended to 
assure retirement security for workers in all jobs regardless of income level by ensuring 

that financial advisers and similar persons are required to meet ERISA's standards of 

care when providing the investment advice that is relied upon by millions of plan 

sponsors and workers. 

Promoting Openness and Transparency 

 In addition to its health care reform and participant protection initiatives discussed above, EBSA is 

pursuing a regulatory program that, as reflected in the Unified Agenda, is designed to encourage, 

foster, and promote openness, transparency, and communication with respect to the management 

and operations of pension plans, as well as participant rights and benefits under such plans. Among 

other things, EBSA will be issuing a final rule addressing the requirement that administrators of 

defined benefit pension plans annually disclose the funding status of their plan to the plan's 

participants and beneficiaries (RIN l210-AB18). In addition, EBSA will be finalizing amendments to 

the disclosure requirements applicable to plan investment options, including Qualified Default 

Investment Alternatives, to better ensure that participants understand the operations and risks 

associated with investments in target date funds (RIN 1210-AB38). 

• Lifetime Income Options: EBSA in 2010 published a request for information concerning 

steps it can take by regulation, or otherwise, to encourage the offering of lifetime annuities 

or similar lifetime benefit distribution options for participants and beneficiaries of defined 

contribution plans. EBSA also held a hearing with the Department of the Treasury and 

Internal Revenue Service to further explore these possibilities. This initiative is intended to 

assure retirement security for workers in all jobs regardless of income level by helping to 

ensure that participants and beneficiaries have the benefit of their plan savings throughout 

retirement. EBSA now has established a public record which supports further 

consideration or action in a number of areas including pension benefit statements, 

participant education, and fiduciary guidance. With regard to pension benefit statements 
specifically, EBSA is developing an advance notice of proposed rulemaking under ERISA 

section 105 relating to the presentation of a participant’s accrued benefits; i.e., the 

participant’s account balance, as a lifetime income stream of payments, in addition to 

presenting the benefits as an account balance. 

Regulatory Review and Burden Reduction 

• Abandoned Plan Program Amendment: In 2006, the Department published regulations 

that facilitate the termination and winding up of 401(k)-type retirement plans that have been 

abandoned by their plan sponsors. The regulation establishes a streamlined program 

under which plans are terminated with very limited involvement of EBSA regional offices. 

EBSA now has six years of experience with this program and believes certain changes 

would improve the overall efficiency of the program and increase its usage. EBSA expects 

that the cost burden reduction that will result from this initiative will be approximately 

$500,000, because the prompt, efficient termination of abandoned plans will eliminate 

future administrative expenses charged to the plans that otherwise would diminish plan 

assets. Moreover, by following the specific standards and procedures set forth in the rule, 

the Department expects that overall plan termination costs will be reduced due to increased 

efficiency. 

EBSA intends to revise the regulations to expand the program to include plans of 

businesses in liquidation proceedings to reflect recent changes in the U.S. Bankruptcy 

Code. The Department believes that this expansion has the potential to substantially 

reduce burdens on these plans and bankruptcy trustees. Plans of businesses in liquidation 

currently do not have the option of using the streamlined termination and winding-up 

procedures under the program. This is true even though bankruptcy trustees, pursuant to 

the Bankruptcy Code, can have a legal duty to administer the plan. Thus, bankruptcy 

trustees, who often are unfamiliar with applicable fiduciary requirements and plan-
termination procedures, presently have little in the way of a blueprint or guide for efficiently 

terminating and winding-up such plans. Expanding the program to cover these plans will 

allow eligible bankruptcy trustees to use the streamlined termination process to better 

discharge their obligations under the law. The use of streamlined procedures will reduce 

the amount of time and effort it would take ordinarily to terminate and wind up such plans. 

The expansion also will eliminate Government filings ordinarily required of terminating 

plans. Participation in the program will reduce the overall cost of terminating and windingup such plans, which will result in larger benefit distributions to participants and 

beneficiaries in such plans. EBSA estimates that approximately 165 additional plans will 

benefit from the Amended Abandoned Plan Program allowing bankruptcy trustees to 

participate in the program. As explained above, the current Abandoned Plan Program 

results in an estimated $500,000 savings for plans terminated pursuant to that program, 

and we believe the amendment expanding the program will provide substantial benefits to 

plans of sponsors in Chapter 7 bankruptcy liquidation and bankruptcy trustees through the 

orderly termination of plans, less service provider fees, and preservation of assets for 

participants and beneficiaries, while imposing minimal costs ($64,000). 

Office of Labor-Management Standards (OLMS) 

The Office of Labor-Management Standards (OLMS) administers and enforces most provisions of 

the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The LMRDA promotes 

labor-management transparency by requiring unions, employers, labor-relations consultants, and 

others to file reports, which are publicly available. The LMRDA includes provisions protecting union 

member rights to participate in their union's governance, to run for office and fully exercise their 

union citizenship, as well as procedural safeguards to ensure free and fair union elections. Besides 

enforcing these provisions, OLMS also ensures the financial accountability of unions, their officers 

and employees, through enforcement and voluntary compliance efforts. Because of these activities, 

OLMS better ensures that workers have a more effective voice in the governance of their unions, 
which in turn affords them a more effective voice in their workplaces. OLMS also administers 

Executive Order 13496, which requires Federal contractors to notify their employees concerning 

their rights to organize and bargain collectively under Federal labor laws. 

Openness and Transparency

• Persuader Agreements - Employer and Labor Relations Consultant Reporting under 

the LMRDA: OLMS published a proposed regulatory initiative in June 2011, which is a 

transparency regulation intended to provide workers with information critical to their 

effective participation in the workplace. The proposed regulations would better implement 

the public disclosure objectives of the LMRDA in situations where an employer engages a 

consultant in order to persuade employees concerning their rights to organize and bargain 

collectively. Under LMRDA section 203, an employer must report any agreement or 

arrangement with a consultant to persuade employees concerning their rights to organize 

and collectively bargain, or to obtain certain information concerning activities of employees 

or a labor organization in connection with a labor dispute involving the employer. The 

consultant is also required to report such an agreement or arrangement with an employer. 

Statutory exceptions to these reporting requirements are set forth in LMRDA section 

203(c), which provides, in part, that employers and consultants are not required to file a 

report by reason of the consultant’s giving or agreeing to give “advice” to the employer. 

The Department in its proposal reconsidered the current policy concerning the scope of the 

“advice” exception. When workers have the necessary information about arrangements 

that have been made by their employer to persuade them whether or not to form, join, or 

assist a union, they are better able to make a more informed choice about representation. 
Employment and Training Administration (ETA) 

The Employment and Training Administration (ETA) administers and oversees programs that 

prepare workers for good jobs at good wages by providing high quality job training, employment, 

labor market information, and income maintenance services through its national network of OneStop centers. The programs within ETA promote pathways to economic independence for 

individuals and families. Through several laws, ETA is charged with administering numerous 

employment and training programs designed to assist the American worker in developing the 

knowledge, skills, and abilities that are sought in the 21st century's economy. 

Regulatory Review and Burden Reduction 

• Equal Employment Opportunity in Apprenticeship and Training, Amendment of 

Regulations: The revision of the National Apprenticeship Act Equal Opportunity in 

Apprenticeship and Training (EEO) regulations is a critical element in the Department’s 

vision to promote and expand registered apprenticeship opportunities in the 21st Century 

while safeguarding the welfare and safety of all apprentices. In October 2008, ETA issued 

a final rule updating 29 CFR part 29, the regulatory framework for registration of 

apprenticeship programs and apprentices, and administration of the National 

Apprenticeship System. The companion EEO regulations, 29 CFR part 30, have not been 

amended since 1978. ETA proposes to update part 30 EEO in the Apprenticeship and 

Training regulations to ensure that they act in concert with the 2008 revised part 29 rule. 

The proposed EEO regulations also will further Secretary Solis’ vision of good jobs for 

everyone by ensuring that apprenticeship program sponsors develop and fully implement 

nondiscrimination and affirmative action efforts that provide equal opportunity for all 

applicants to apprenticeship and apprentices, regardless of race, gender, national origin, 

color, religion, or disability.
• Implementation of Total Unemployment Rate Extended Benefits Trigger and 

Rounding Rule: This rule will update regulations to conform to existing law and State 

practice. It will benefit State Unemployment Insurance systems by remove any potential 

confusion between complying with guidance and current law. 

• Elimination of several obsolete program regulations from the Code of Federal 

Regulations: ETA plans to pursue four regulatory projects that will eliminate regulations 

that are no longer effective or enforceable because their underlying program authority was 

superseded or no longer exists. These include the Job Training Partnership Act Removal of 

JTPA (RIN 1205-AB68), Labor Certification Process for Logging Employment and Non-H2A Agricultural Employment (RIN 1205-AB65), Attestations by Employers Using F-1 

Students in Off-Campus Work (RIN 1205-AB66), and Attestations by Facilities Using 

Nonimmigrant Aliens as Registered Nurses (RIN 1205-AB67). 
The 3 Actions Described in the Regulatory Plan

Title

Regulation 

Identifier 

Number

Rulemaking 

Stage

Labor Certification Process and Enforcement for Temporary Employment in Occupations

Other Than Agriculture or Registered Nursing in the United States (H-2B Workers) 1205-AB58 Completed Action Stage

Hazard Communication 1218-AC20 Completed Action Stage

Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health

or Safety Standards 1219-AB75 Completed Action Stage

Department of Labor (DOL) 

Employment and Training Administration ( ETA ) RIN: 1205-AB58

 View Related Documents

Title: Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or

Registered Nursing in the United States (H-2B Workers)

Abstract: The Department published a Final Rule on February 21, 2012. The Department of Homeland Security (DHS)

regulations require employers to apply for a temporary labor certification from the Department of Labor before H-2B petitions

may be approved. DOL certifies that there are not sufficient U.S. worker(s) who are capable of performing the temporary

services or labor at the time of an application for a visa, and that the employment of the H-2B workers will not adversely affect

the wages and working conditions of similarly employed U.S. workers. This rule re-engineers the H-2B program in order to

enhance transparency and strengthen program integrity and protections of both U.S. workers and H-2B workers.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

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

Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B)); 8 USC 1184(c)(1); 8 CFR 214.2(h)

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department has determined that a new rulemaking effort is necessary for the H-2B program. The

policy underpinnings of the 2008 regulation; e.g., streamlining the H-2B process to defer many determinations of program

compliance until after an application has been adjudicated did not provide an adequate level of protection for either U.S. or

foreign workers. The final rule seeks to enhance worker protections and increase the availability of job opportunities to qualified

U.S. workers.

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

U.S.C. 1184(c)(1), and 8 CFR 214.2(h).

Alternatives: The public was afforded an opportunity to provide comments on the proposed regulatory changes when the

Department published the NPRM in the Federal Register. A final rule was issued after analysis of, and response to, public

comments.

Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action were provided in the NPRM. The

Department of Labor sought information on potential additional or actual costs from employers and other interested parties

through the NPRM in order to better assess the costs and benefits of the proposed provisions of the program. The changes are

thought to raise "novel legal or policy issues" and the final rule is economically significant within the context of Executive Order

12866 and is a "major rule" under section 804 for the Small Business Regulatory Enforcement Fairness Act.

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

Timetable:

Action Date FR Cite

NPRM 03/18/2011 76 FR 15130 

NPRM Comment Period End 05/17/2011 

Final Rule 02/21/2012 77 FR 10038 

Final Rule Effective 04/23/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No
Energy Affected: No

Agency Contact: William L. Carlson Ph.D.

Administrator, Office of Foreign Labor Certification

Department of Labor

Employment and Training Administration

Room C-4312, FP Building, 200 Constitution Avenue NW., Washington, DC 20210

Washington , DC 20210 

Phone: 202 693-3010 

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC20

 View Related Documents

Title: Hazard Communication

Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the

hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and

associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are

required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and

training for employees. Within the United States (U.S.), there are other Federal agencies that also have requirements for

classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that

have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These

laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g.,

specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are

substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in

different nations. The diverse and sometimes conflicting national and international requirements can create confusion among

those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are

unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important

statements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major compliance

burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have

particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the

extensive international trade in chemicals, there has been a long-standing effort to harmonize these requirements and develop a

system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of

Classification and Labeling of Chemicals (GHS). Countries are now adopting the GHS into their national regulatory systems.

OSHA published the NPRM on September 30, 2009, and held public hearings in Washington, DC, and Pittsburgh, PA, in March

2010. The final rule was published in the Federal Register March 26, 2012.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: Private Sector

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

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

Legal Authority: 29 USC 655(b); 29 USC 657

Legal Deadline: None

Regulatory Plan:

Statement of Need: Multiple sets of requirements for labels and safety data sheets present a compliance burden for U.S.

manufacturers, distributors, and transports involved in international trade. The comprehensibility of hazard information and

worker safety will be enhanced as the GHS will: (1) Provide consistent information and definitions for hazardous chemicals; (2)

address stakeholder concerns regarding the need for a standardized format for material safety data sheets; and (3) increase

understanding by using standardized pictograms and harmonized hazard statements. The increase in comprehensibility and

consistency will reduce confusion and thus improve worker safety and health. In addition, the adoption of the GHS would

facilitate international trade in chemicals, reduce the burdens caused by having to comply with differing requirements for the

same product, and allow companies that have not had the resources to deal with those burdens to be involved in international

trade. This is particularly important for small producers who may be precluded currently from international trade because of the

compliance resources required to address the extensive regulatory requirements for classification and labeling of chemicals.

Thus, every producer is likely to experience some benefits from domestic harmonization, in addition to the benefits that will

accrue to producers involved in international trade. Several nations, including the European Union, have adopted the GHS with

an implementation schedule through 2015. U.S. manufacturers, employers, and employees will be at a disadvantage in the

event that our system of hazard communication is not in compliance with the GHS.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory

occupational safety and health standards to assure safe and healthful working conditions for working men and women (29

U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.
Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: OSHA's risk analysis is under development.

Timetable:

Action Date FR Cite

ANPRM 09/12/2006 71 FR 53617 

ANPRM Comment Period End 11/13/2006 

Complete Peer Review of Economic Analysis 11/19/2007 

NPRM 09/30/2009 74 FR 50279 

NPRM Comment Period End 12/29/2009 

Hearing 03/02/2010 

Hearing 03/31/2010 

Post Hearing Comment Period End 06/01/2010 

Final Action 03/26/2012 77 FR 17574 

Final Action Effective 05/25/2012 

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

Federalism: No

Energy Affected: No

Agency Contact: Dorothy Dougherty 

Director, Directorate of Standards and Guidance

Department of Labor

Occupational Safety and Health Administration

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

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB75

 View Related Documents

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

Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly.

Additionally, other conditions that could develop into a hazard if left uncorrected must also be eliminated. Operator examinations

for hazards and violations of mandatory health or safety standards are mandated in the Mine Act and are a critical component of

an effective safety and health program for underground mines. While this requirement was previously included in regulations, the

1992 final rule addressing ventilation in underground coal mines only included the requirement that the mine examiners look for

hazardous conditions. The 1992 rule omitted from the standard the text taken from the Mine Act requiring examinations for

violations of mandatory health or safety standards during preshift examinations. The final rule will revise existing standards for

preshift, supplemental, on-shift, and weekly examinations to address violations of mandatory health or safety standards.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

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

Legal Authority: 30 USC 811; 30 USC 961

Legal Deadline: None

Regulatory Plan:

Statement of Need: Underground coal mines usually present harsh and hostile working environments, and the ventilation

system is the most vital life support system in underground mining. A properly operating ventilation system is essential for

maintaining a safe and healthful working environment. Examinations of work areas that include the ventilation system are the

first line of defense for miners working in underground coal mines and are necessary to protect miners. Conditions in

underground coal mines change rapidly-- a roof that appears adequately supported can quickly deteriorate and fall; stoppings

can crush out and short-circuit air currents; conveyor belts can become misaligned or belt roller bearings can fail, resulting in an

ignition source; and methane can accumulate in areas where it may not have been detected. Diligent compliance with safety

and health standards and safety-conscious work practices provide a substantial measure of protection against mine accidents

and emergencies. To assure optimum safety of miners, it is imperative that operators find violations of health or safety

standards, correct them, and record corrective actions taken.

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

and Health Act of 1977.
Alternatives: The proposal included several alternatives in the preamble and requested comments on them.

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

million yearly.

Risks: Failure to conduct adequate examinations to identify, report, and correct hazardous conditions and violations of health

and safety standards has resulted in serious accidents and fatalities. Lack of adequate ventilation in underground mines has

resulted in fatalities from asphyxiation and explosions.

Timetable:

Action Date FR Cite

NPRM 12/27/2010 75 FR 81165 

NPRM Comment Period End 02/25/2011 

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

NPRM Comment Period End 03/28/2011 

Notice of Public Hearing and Extension of Comment Period 05/04/2011 76 FR 25277 

Notice of Public Hearing and Extension of Comment Period 06/20/2011 76 FR 35801 

NPRM Comment Period End 06/30/2011 

NPRM Comment Period End 08/01/2011 

Final Action 04/06/2012 77 FR 20700 

Final Action Effective 08/06/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Related RINs: Related to 1219-AB71

Agency Contact: George F. Triebsch 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard, Room 2350, Arlington, VA 22209

Arlington , VA 22209 

Phone: 202 693-9449 

FAX: 202 693-9441

E-Mail: triebsch.george@dol.gov