### DEPARTMENT OF LABOR

Office of the Secretary

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

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

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

SUMMARY: This document sets forth the Department’s semiannual agenda of regulations that have been selected for review or development during the coming year. The Department’s agencies have carefully assessed their available resources and w hat they can accomplish in the next 12 months and have adjusted their agendas accordingly.

The agenda complies with the requirement s of both Executive Order 12866 and the Regulatory Flexibility Act. The agenda lists all regulations that are expected to be under review or development between April 2011 and April 2012, as well as those completed during the past six months.

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 regul ation 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, pr oposal, or review during the coming one-year period. The entirety of the Department’s semiannual agenda is available online at www.reginfo.gov.

The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to publish in the Federal Register a regulatory flexibility agenda. The Department’s Regulatory Flexibility Agenda published with this notice includes only those rules on its semiannual agenda that are likely to have a significant economic impact on a substantial number of small entities; and those rule s identified for periodic review in keeping with the requirements of section 610 of the Regulatory Flex ibility Act. Thus, the regulatory flexibility agenda is a subset of the Department’s semiannual regulatory agenda. At this time, there is only one item, listed below, on the Department’s Regulatory Flexibility Agenda.

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

All interested members of the public are in vited and encouraged to let departmental officials know how our regulatory efforts can be improved, and are invited to participate in and comment on the review or development of the regulations listed on the Department’s agenda.

### NAME: HILDA L. SOLIS, Secretary of Labor.The 90 Regulatory Agendas

Employment and Training Administration - Proposed Rule

Title Regulation
Identifier
Number

YouthBuild Program Regulation 1205-AB49

Equal Employment Opportunity in Apprenticeship Amendment of Regulations 1205-AB59

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

Employment and Training Administration - Final Rule

Title Regulation
Identifier
Number

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

Employment and Training Administration - Completed Action

Title Regulation
Identifier
Number

Trade Adjustment Assistance for Workers Program; Regulations 1205-AB57

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

Employee Benefits Security Administration - PreRule

Title Regulation
Identifier
Number

Electronic Disclosure by Employee Benefit Plans 1210-AB50

Employee Benefits Security Administration - Proposed Rule

Title Regulation
Identifier
Number

Pension Benefit Statements 1210-AB20

Improved Fee Disclosure for Welfare Plans 1210-AB37

Amendment to Claims Procedure Regulation 1210-AB39

Amendment of Abandoned Plan Program 1210-AB47

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

Employee Benefits Security Administration - Final Rule

Title Regulation
Identifier
Number

Improved Fee Disclosure for Pension Plans 1210-AB08

Annual Funding Notice 1210-AB18

Definition of "Fiduciary" 1210-AB32

Statutory Exemption for Provision of Investment Advice 1210-AB35

Target Date Disclosure 1210-AB38

Prohibited Transaction Exemption Procedures 1210-AB49

Employee Benefits Security Administration - Long-term Action

Title Regulation
IdentifierNumber

Mental Health Parity and Addiction Equity Act 1210-AB30

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

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

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

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

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

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

Employee Benefits Security Administration - Completed Action

Title Regulation
Identifier
Number

Lifetime Income Options for Participants and Beneficiaries in Retirement Plans 1210-AB33

Occupational Safety and Health Administration - PreRule

Title Regulation
Identifier
Number

Occupational Exposure to Beryllium 1218-AB76

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

Bloodborne Pathogens 1218-AC34

Combustible Dust 1218-AC41

Infectious Diseases 1218-AC46

Injury and Illness Prevention Program 1218-AC48

Reinforced Concrete in Construction 1218-AC51

Preventing Backover Injuries and Fatalities 1218-AC52

Occupational Safety and Health Administration - Proposed Rule

Title Regulation
Identifier
Number

Occupational Exposure to Crystalline Silica 1218-AB70

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

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

Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System 1218-AC49

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

Occupational Safety and Health Administration - Final Rule

Title Regulation
Identifier
Number

Confined Spaces in Construction 1218-AB47

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

Hazard Communication 1218-AC20

Cooperative Agreements 1218-AC32

Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act of 2007; Surface Transportation Assistance Act of 1982, as Amended; and Federal Railroad Safety 1218-AC36

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

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

Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010, Section 1057 of
the Dodd-Frank Wall Street Reform and Consumer 1218-AC54

Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010 1218-AC55Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act 1218-AC58

Procedures for Handling of Retaliation Complaints Under the Seaman's Protection Act 1218-AC59

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

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

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

Occupational Safety and Health Administration - Completed Action

Title Regulation
Identifier
Number

General Working Conditions for Shipyard Employment 1218-AB50

Standards Improvement Project (SIP III) 1218-AC19

Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes 1218-AC25

Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach 1218-AC27

Mine Safety and Health Administration - PreRule

Title Regulation
Identifier
Number

Safety and Health Management Programs for Mines 1219-AB71

Mine Safety and Health Administration - Proposed Rule

Title Regulation
Identifier
Number

Respirable Crystalline Silica Standard 1219-AB36

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

Notification of Legal Identity 1219-AB67

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

Pattern of Violations 1219-AB73

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

Mine Safety and Health Administration - Final Rule

Title Regulation
Identifier
Number

Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines 1219-AB76

Mine Safety and Health Administration - Long-term Action

Title Regulation
Identifier
Number

Revising Electrical Product Approval Regulations 1219-AB37

Mine Safety and Health Administration - Completed Action

Title Regulation
Identifier
Number

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

Metal and Nonmetal Dams 1219-AB70

Wage and Hour Division - Proposed Rule

Title Regulation
Identifier
Number

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

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

Application of the Fair Labor Standards Act to Domestic Service 1235-AA05Child Labor Regulations, Orders, and Statements of Interpretations 1235-AA06

Wage and Hour Division - Final Rule

Title Regulation
Identifier
Number

Nondisplacement of Qualified Workers Under Service Contracts 1235-AA02

Wage and Hour Division - Completed Action

Title Regulation
Identifier
Number

Amendments to the Fair Labor Standards Act 1235-AA00

Office of Workers Compensation - Proposed Rule

Title Regulation
Identifier
Number

Claims for Compensation Under the Federal Employees' Compensation Act 1240-AA03

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

Office of Workers Compensation - Final Rule

Title Regulation
Identifier
Number

Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels 1240-AA02

Office of Labor Management Standards - Proposed Rule

Title Regulation
Identifier
Number

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

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

Office of Labor Management Standards - Final Rule

Title Regulation
Identifier
Number

Labor Organization Officer and Employee Report (Form LM-30) 1245-AA01

Office of Labor Management Standards - Completed Action

Title Regulation
Identifier
Number

Internet Balloting in Union Officer Elections 1245-AA04

Office of Federal Contract Compliance Programs - PreRule

Title Regulation
Identifier
Number

Non Discrimination in Compensation: Compensation Data Collection Tool 1250-AA03

Office of Federal Contract Compliance Programs - Proposed Rule

Title Regulation
Identifier
Number

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results Under the VEVRAA of 1974, As Amended 1250-AA00

Construction Contractor Affirmative Action Requirements 1250-AA01

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and
Placement Results Under Section 503 1250-AA02Sex Discrimination Guidelines 1250-AA05

Office of the Secretary - Proposed Rule

Title Regulation
Identifier
Number

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

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

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

Title Regulation
Identifier
Number

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

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

Title Regulation
Identifier
Number

Revised Funding Formula for Jobs for Veterans State Grants 1293-AA17

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

View Related Documents

Title: YouthBuild Program Regulation

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

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

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

Timetable:

Action Date FR Cite

NPRM 08/27/2010 75 FR 52671

NPRM Comment Period End 10/26/2010
Analyzing Comments 06/00/2011

Final Rule 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-3980

E-Mail: kilbane.grace@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB59View 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 title 29 CFR part 29. This second phase of regulatory updates will ensure that Registered Apprenticeship is positioned to continue to provide economic opportunity for millions of Americans while keeping pace with these new requirements.

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

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

Timetable:

Action Date FR Cite

NPRM 11/00/2011

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 200 Constitution Avenue NW. Room N5311 FP Building 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-AB60

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

NPRM 11/23/2010 75 FR 71514

NPRM Comment Period End 01/24/2011
Analyzing Comments 06/00/2011Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal

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

Phone: 202 693-3980

E-Mail: kilbane.grace@dol.gov

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

View Related Documents

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

Abstract: The Department published the Notice of Proposed Rulemaking (NPRM) on March 18, 2011. The public comment period closes on May 17, 2011. The Department of Homeland Security (DHS) regulations require employers to apply for a temporary labor certification from the Department of Labor before H-2B visas 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 regulation proposes to re-engineer 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: Other Significant Agenda Stage of Rulemaking: Final 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 USC 1101(a)(15)(H)(ii)(B)); 8 USC 1184(c)(1); 8 CFR 214.2(h)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/18/2011 76 FR 15130

NPRM Comment Period End 05/17/2011

Final Rule 12/00/2011

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

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB57

View Related Documents

Title: Trade Adjustment Assistance for Workers Program; Regulations

Abstract: The Trade and Globalization Assistance Act of 2009 (Act), division B, title I, subtitle I of the American Recovery and Reinvestment Act of 2009, reauthorized the Trade Adjustment Assistance for Workers program. Effective February 13, 2011, the Act has expired and program administration has reverted to prior law. Therefore, the Department is withdrawing this Notice of Proposed Rulemaking from the Regulatory Agenda.

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

CFR Citation: 20 CFR 617; 20 CFR 618; 20 CFR 672; 29 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 19 USC 2320; Secretary's Order 6-2010, 75 FR 66268
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 04/18/2011

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

Small Entities Affected: No Federalism: No Agency Contact: Erin Fitzgerald
Office of Trade Adjustment Assistance Department of Labor Employment and Training Administration 200 Constitution Avenue NW. Room N-5428, FP Building Washingon , DC 20210

Phone: 202 693-3560

FAX: 202 693-3149

E-Mail: fitzgerald.erin@dol.gov

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

View Related Documents

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

Abstract: The Immigration and Nationality Act, as amended, requires the Department of Homeland Security, prior to the approval of H-2B visa petitions to consult with other agencies. DHS' regulation at 8 CFR 214.2(h)(6) requires that an intending employer first apply for a temporary labor certification from the Department of Labor. Specifically, DOL certifies that there is not sufficient U.S. worker(s) able, available, willing and qualified at the time of an application for a visa, and that the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. In order to ensure that there is no adverse effect, the Department requires employers to pay the prevailing wage to H-2B workers and U.S. workers hired in response to the required recruitment. The prevailing wage calculation methodology under the current H-2B regulation became the subject of litigation. On August 30, 2010, the U.S. District Court in the Eastern District of Pennsylvania in Comité de Apoyo a los Trabajadores Agricolas (CATA) v. Hilda Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (E.D. Pa.), ordered the Department to promulgate new rules concerning the calculation of the prevailing wage rate in the H-2B program that are in compliance with the Administrative Procedure Act no later than January 18, 2011. On January 19, 2011, DOL issued a Final Rule with request for comment, which established the prevailing wage as the highest of the following: wages established under an agreed-upon collective bargaining agreement; a wage rate established under the Davis Bacon Act or Service Contract Act for that occupation in the area of intended employment; and the arithmetic mean wage rate established by the Occupational Employment Statistics survey for that occupation in the area of intended employment.

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

CFR Citation: 8 CFR 214.2(h)(6); 20 CFR 655.10 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B); 8 USC 1184(c)
Legal Deadline: The U.S. District Court in the Eastern District of Pennsylvania in Comite ́ de Apoyo a los Trabajadores Agricolas (CATA) v. Hilda Solis, et al., Civil No. 2:09–cv–240–LP, 2010 WL 3431761 (E.D. Pa.) ordered the Department to promulgate a new rule on the calculation of the prevailing wage no later than January 18, 2011.

Action Source Description Date

Other Judicial 01/18/2011

Timetable:

Action Date FR Cite

NPRM 10/05/2010 75 FR 61578

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

NPRM Comment Period End 11/04/2010

NPRM Extension of Comment Period End 11/12/2010

Final Rule 01/19/2011 76 FR 3452

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

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

Phone: 202 693-3010

E-Mail: carlson.william@dol.gov

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB50

View Related Documents

Title: Electronic Disclosure by Employee Benefit Plans

Abstract: The Department has decided to review the current regulatory standards for the electronic distribution of disclosures required by title 1 of ERISA. Such review will take into account current technology, best practices and the need to protect the rights and interests of employee benefit plan participants and beneficiaries. The purpose of the RFI is to solicit the views of the public regarding this important issue.

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

CFR Citation: 29 CFR 104b -1(c) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1024, ERISA section 104
Legal Deadline: None

Timetable:

Action Date FR Cite
Request for Information 04/07/2011 76 FR 19285
Request for Information Comment Period End 06/06/2011
Reviewing Public Comments 10/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Jeffrey J. Turner Chief, Division of Regulations, 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-AB20

View Related Documents

Title: Pension Benefit Statements

Abstract: Section 508 of the Pension Protection Act of 2006 (PPA) amended section 105 of 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 3 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. The PPA directed the Department of Labor to provide a model statement within 1 year of enactment of the statute and the Department has been given interim final rulemaking authority.

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

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

sec 505 Legal Deadline:

Action Source Description DateOther Statutory 08/18/2007

Timetable:

Action Date FR Cite

NPRM 12/00/2011

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-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 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: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

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

Timetable:

Action Date FR Cite

NPRM 02/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Jeffrey J. Turner Chief, Division of Regulations, 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 tothe 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 USC 1135; ERISA sec 505; 29 USC 1133
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Jeffrey Turner Chief, Division of Regulations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW. FP Building Room N-5655 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7219

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, 2001, the Department published a package of regulations, collectively entitled Termination of Abandoned Individual Account Plans, which facilitate the termination of, and distribution of benefits from, individual account pension plans that have been abandoned by their sponsoring employers. See 71 FR 20820. This rulemaking will examine whether, and how, to amend those regulations by expanding the scope of individuals entitled to be a "qualified termination administrator" (QTA). Under the Termination of Abandoned Individual Account Plans regulations, only a QTA is authorized to determine whether an individual account plan is abandoned and to carry out related activities necessary to the termination and winding up of the plan's affairs.

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

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1135; ERISA sec 505
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Jeffrey J. Turner Chief, Division of Regulations, 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-AB48View Related Documents

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

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

orders.

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

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

Timetable:

Action Date FR Cite

NPRM 09/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

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

Phone: 202 693-5588

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

View Related Documents

Title: Improved Fee Disclosure for Pension Plans

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

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

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

Timetable:

Action Date FR Cite

NPRM 12/13/2007 72 FR 70988

NPRM Comment Period End 02/11/2008

Interim Final Rule 07/16/2010 75 FR 41600

Interim Final Rule Comment Period End 08/30/2010

Final Action 09/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

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

Phone: 202 693-8500

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 ERISA to require the administrator of a defined benefit pension plan to provide participants, beneficiaries, and other parties with an annual funding notice, and also implements the requirements of section 503(c) of the PPA that amended section 104(b)(3) of ERISA regarding summary annual reports for defined benefit plans.

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

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

Action Source Description Date

Other Statutory 08/18/2007

Timetable:

Action Date FR Cite

NPRM 11/18/2010 75 FR 70625

NPRM Comment Period End 01/18/2011

Final Rule 01/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Stephanie Ward
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: 202 219-7921

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

View Related Documents

Title: Definition of "Fiduciary"

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

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

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

Timetable:

Action Date FR Cite

NPRM 10/22/2010 75 FR 65263NPRM Comment Period End 01/20/2011

Final Rule 11/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Agency Contact: Jeffrey J. Turner Chief, Division of Regulations, 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-AB35

View Related Documents

Title: Statutory Exemption for Provision of Investment Advice

Abstract: Section 601 of the Pension Protection Act (Pub. L. 109-280) amended ERISA by adding new section 408(b)(14) and 408(g). Section 408(b)(14) is a prohibited transaction exemption that permits the provision of investment advice to participants or beneficiaries of certain individual account plans if the investment advice is provided under an "eligible investment advice arrangement," as defined in section 408(g). In order to qualify as an "eligible investment advice arrangement," the arrangement must either provide that any fees received by the adviser do not vary depending on the basis of any investment options selected, or use a computer model under an investment advice program that meets the criteria set forth in section 408(g) in connection with the provision of investment advice. Further, with respect to both types of advice arrangements, the investment adviser must disclose to advice recipients all fees that the adviser or any affiliate is to receive in connection with the advice. Section 408(g) requires that the computer model which serves as the basis for an eligible investment advice arrangement be certified by an "eligible investment expert" in accordance with rules prescribed by the Secretary of Labor. Section 408(g) also directs the Secretary of Labor to issue a model form for the required disclosure of fees.

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

CFR Citation: 29 CFR 2550 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1108(g); 29 USC 1135; PL 109-280, sec 601(a); Pension Protection Act of 2006; ERISA sec 408(g);
ERISA sec 505
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2010 75 FR 9360

NPRM Comment Period End 05/05/2010

Final Action 08/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Related to 1210 -AB13 Agency Contact: Fred Wong
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-AB38

View Related Documents

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

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

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

Timetable:

Action Date FR Cite

NPRM 11/30/2010 75 FR 73987

NPRM Comment Period End 01/14/2011

Final Rule 11/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Jeffrey Turner Chief, Division of Regulations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW. FP Building Room N-5655 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7219

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB49

View Related Documents

Title: Prohibited Transaction Exemption Procedures

Abstract: This rulemaking will amend and supersede the current rule of procedure that governs the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of Title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Federal Employees' Retirement System Act of 1986. This amendment will promote transparency and facilitate the efficient consideration of exemption applications by providing plan participants with a clearer understanding of the exemption under consideration, by clarifying the types of information and documentation generally required for a complete filing, and by affording expanded opportunities for the electronic submission of information and comments relating to an exemption application. In August 2010, an NPRM was published for this item under RIN 1210-AA98 (75 FR 53172).

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

CFR Citation: 29 CFR 2570.30 to 2570.52 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 1135; 29 USC 1108(a)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2010 75 FR 53172

NPRM Comment Period End 10/14/2010

Final Action 11/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: NoRelated RINs: Previously Reported as 1210-AA98 Agency Contact: Mark W. Judge Office of Exemption Determinations Department of Labor Employee Benefits Security Administration 200 Constitution Avenue NW., Room N-5700 Washington , DC 20210

Phone: 202 693-8550

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

View Related Documents

Title: Mental Health Parity and Addiction Equity Act

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

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

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

Action Source Description Date

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

Timetable:

Action Date FR Cite

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

Interim Final Rule 02/02/2010 75 FR 5410

Interim Final Rule Effective 04/05/2010

Interim Final Rule Comment Period End 05/03/2010

Additional Information: On February 2, 2010, the Departments of Labor, Health and Human Services, and the Treasury published an interim final rule implementing MHPAEA. However, the provisions of the increased cost exemption under section 712(c)(2) were reserved and not addressed. The next action planned is an NPRM that will propose rules governing this exemption.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Related RINs: Related to 0938 -AP65; Related to 1545-BJ05 Related Agencies: Joint: CMS; Joint: IRS Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 05/13/2010 75 FR 27121

Interim Final Rule Comment Period End 08/11/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Related Agencies: Joint : CMS; Joint : IRS Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

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

View Related Documents

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

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

covered.

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

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

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 06/17/2010 75 FR 34538

Interim Final Rule Comment Period End 08/16/2010

Interim Final Rule Amendment Effective 11/15/2010 75 FR 70114

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

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

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

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653 Washington , DC 20210

Phone: 202 693-8335FAX: 202 219-1942

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 06/28/2010 75 FR 37188

Interim Final Rule Comment Period End 08/27/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Related Agencies: Joint : HHS; Joint : IRS Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR CiteNext Action Undetermined

Interim Final Rule 07/19/2010 75 FR 41726

Interim Final Rule Effective 09/17/2010

Interim Final Rule Comment Period End 09/17/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Related Agencies: Joint : HHS; Joint : IRS Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 08/26/2010 75 FR 52597

Interim Final Rule Effective 09/01/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Related Agencies: Joint : OCIIO; Joint : IRS Agency Contact: Amy J. Turner
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N-5653 Washington , DC 20210

Phone: 202 693-8335

FAX: 202 219-1942

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 andto continue enrollment of current employees.

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

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

Timetable:

Action Date FR Cite

Next Action Undetermined

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

Federalism: Undetermined Agency Contact: Janet Walters
Senior Advisor Department of Labor Employee Benefits Security Administration

200 Constitution Avenue NW. FP Building Room N5655 Washington , DC 20210

Phone: 202 693-8500

FAX: 202 219-7291

Department of Labor (DOL) Employee Benefits Security Administration ( EBSA ) RIN: 1210-AB33

View Related Documents

Title: Lifetime Income Options for Participants and Beneficiaries in Retirement Plans

Abstract: This initiative will explore what steps, if any, that the Department could or should take, by regulation or otherwise, to enhance the retirement security of American workers by facilitating access to and use of lifetime income or other arrangements designed to provide a stream of income after retirement. The Department has established a public record as a result of the actions mentioned below (RFI and Public Hearing). The record supports further Departmental consideration or action in a number of areas including pension benefit statements, participant education and fiduciary guidance. While the Department is treating this RIN, 1210-AB33, as being completed for purposes of the Semiannual Regulatory Agenda, its completion is not a determination on whether further action, regulatory or otherwise, is needed to facilitate access to and use of lifetime income or other arrangements designed to provide a stream of income after retirement.

Priority: Other Significant 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: 29 USC 1135; ERISA sec 505
Legal Deadline: None

Timetable:

Action Date FR Cite

RFI 02/02/2010 75 FR 5253

RFI Comment Period End 05/03/2010
Public Hearing Notice 08/10/2010 75 FR 48367
Public Hearing 09/14/2010
Merged With 1210-AB20 04/18/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Agency Contact: Jeffrey J. Turner Chief, Division of Regulations, 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: 202 693-8500Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB76

View Related Documents

Title: Occupational Exposure to Beryllium

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the United Steel Workers (formerly the Paper Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium including: current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected work sites 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 completed a scientific peer review of its draft risk assessment. The economic peer review is scheduled to be completed in May 2011.

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

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

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

Economic Peer Review 06/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

View Related Documents

Title: Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes

Abstract: On July 26, 2006, the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard (ETS) for all employees exposed to diacetyl, a major component in artificial butter flavoring. Diacetyl and a number of other volatile organic compounds are used to manufacture artificial butter food flavorings. These food flavorings are used by various food manufacturers in a multitude of food products including microwave popcorn, certain bakery goods, and some snack foods. Evidence indicates that exposure to flavorings containing diacetyl is associated with adverse effects on the respiratory system, including bronchiolitis obliterans, a debilitating and potentially fatal lung disease. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009, in order to facilitate timely development of a standard. The Agency subsequently initiated review of the draft proposed standard in accordance with the Small Business Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report was completed on July 2, 2009. NIOSH is currently developing a criteria document on occupational exposure to diacetyl. The criteria document will also address exposure to 2,3-pentanedione, a chemical that is structurally similar to diacetyl and has been used as a substitute for diacetyl in some applications. It will include an assessment of the effects of exposure as well as quantitative risk assessment. OSHA intends to rely on these portions of the criteria document forthe health effects analysis and quantitative risk assessment for the Agency's diacetyl rulemaking. NIOSH will initiate public peer review of the criteria document in April, 2011.

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

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

Timetable:

Action Date FR Cite
Stakeholder Meeting 10/17/2007 72 FR 54619

ANPRM 01/21/2009 74 FR 3937

ANPRM Withdrawn 03/17/2009 74 FR 11329

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

Initiate Peer Review of Health Effects and Risk Assessment 06/00/2011

End Peer Review 07/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC34

View Related Documents

Title: Bloodborne Pathogens

Abstract: OSHA will undertake a review of the Bloodborne Pathogen Standard (29 CFR 1910.1030) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review will consider the continued need for the rule; whether the rule overlaps, duplicates, or conflicts with other Federal, State or local regulations; and the degree to which technology, economic conditions, or other factors may have changed since the rule was evaluated.

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

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

Timetable:

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

Comment Period End 08/12/2010
Analyze Comments 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2400

FAX: 202 693-1641

E-Mail: goddard.keith@dol.gov

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

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Title: Combustible Dust

Abstract: OSHA has commenced rulemaking to develop a combustible dust standard for general industry. The U.S. Chemical Safety Board (CSB) completed a study of combustible dust hazards in late 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured another 718. Based on these findings, the CSB recommended the Agency pursue a rulemaking on this issue. OSHA has previously addressed aspects of this risk. For example, on July 31, 2005, OSHA published the Safety and Health Information Bulletin, "Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions." Additionally, OSHA implemented a Combustible Dust National Emphasis Program (NEP) March 11, 2008. However, the Agency does not have a comprehensive standard that addresses combustible dust hazards. OSHA will use the information gathered from the NEP to assist in the development of this rule. OSHA published an ANPRM October 21, 2009. Additionally, stakeholder meetings were held in Washington, DC on December 14, 2009, in Atlanta, GA on February 17, 2010, and in Chicago, IL on April 21, 2010. A webchat for combustible dust was also held on June 28, 2010. The next step in this rulemaking will be to hold an expert forum metting in May 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 USC 6559(b); 29 USC 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

SBREFA 12/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

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Title: Infectious Diseases

Abstract: Employees in health care and other high-risk environments face long-standing infectious diseases hazards such as tuberculosis (TB), varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care workers and workers in related occupations or who are exposed in other high-risk environments are at increased risk of contracting TB, SARS, MRSA, and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is concerned about the ability of employees to continue to provide health care and other critical services without unreasonably jeopardizing their health. OSHA is considering the need for a standard to ensure that employers establish a comprehensive infection controlprogram 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. OSHA published an RFI on May 6, 2010, the comment period closed on August 4, 2010. OSHA will hold stakeholder meetings.

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

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

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 07/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

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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 3904-3916), published in 1989. An injury and illness prevention rule would build on these guidelines as well as lessons learned from successful approaches and best practices under OSHA's Voluntary Protection Program Safety and Health Achievement Recognition Program and similar industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10 and Occupational Health and Safety Assessment Series 18001.

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

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

Timetable:

Action Date FR Cite
Stakeholder Meetings 06/03/2010

Initiate SBREFA 06/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and GuidanceDepartment 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: dougherty.dorothy@dol.gov

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

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Title: Reinforced Concrete in Construction

Abstract: Current rules regarding reinforcing steel and post-tensioning activities do 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. 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 accidents caused by the misuse of post-tensioningequipment and improper training. OSHA IMIS data indicates that 31 workers died while performing work on or near posttensioning operations or reinforcing steel between 2000 and 2009. The Occupational Safety and Health Administration (OSHA) is seeking public comment on Post-tensioning and Reinforcing Steel from professionals who work in the post-tensioning and reinforcing steel field and will consider rulemaking to prevent worker deaths and injuries related to these operations. By requesting information from professionals who work in the reinforcing steel and post-tensioning fields and other members of the public, OSHA hopes to determine whether a new rule is necessary, and, if so, what hazards need to be addressed.

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

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

Timetable:

Action Date FR Cite

ANPRM 06/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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

Phone: 202 693-2020

FAX: 202 693-1689

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC52

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Title: Preventing Backover Injuries and Fatalities

Abstract: 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 something else. NIOSH reports that 51% of worker on foot fatalities that occurred within a highway work zone involved backing vehicles. A British report found that nearly a quarter of vehicle-related deaths at work are caused by vehicles backing up. Emerging technologies in the field of operations include after market devices, such as cameras, radar, and ultrasonic devices, to help monitor the presence of workers on foot in blind areas, and new monitoring technology, such as tag-based warning systems, that use radio frequency (RFID) on equipment to detect electronic tags worn by workers. The use of spotters and internal traffic control plans can also make backing operations safer.The Occupational Safety and Health Administration (OSHA) is seeking comment on technological and non-technological solutions to prevent backover incidents.

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

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

Timetable:

Action Date FR Cite
Request For Information 08/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined
Energy Affected: No Agency Contact: Jim Maddux

Directorate of Construction Department of Labor Occupational Safety and Health Administration Department of Labor 200 Constitution Avenue NW. Room N-3468 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-AB70

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Title: Occupational Exposure to Crystalline Silica

Abstract: Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1968 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and shipyards (derived from ACGIH's 1970 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend 50μg/m3 and 25μg/m3 exposure limits, respectively, for respirable crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. ASTM International has published recommended standards for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance.

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

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

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 06/00/2011
Hearings 10/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

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

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

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

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

Timetable:

Action Date FR Cite

NPRM 04/10/1990 55 FR 13360

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

Comment Period End 07/31/2003

Second NPRM 05/24/2010 75 FR 28861

Second NPRM Comment Period End 08/23/2010
Notice of Informal Hearing 11/12/2010 75 FR 69369
Public Hearing 01/18/2011
Analyze Comments 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

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

Abstract: The Occupational Safety and Health Administration (OSHA) is proposing to restore a column to the OSHA 300 Logthat employers must check if a case they are already required to record under OSHA's existing Recordkeeping rule (29 CFR 1904) is a "musculoskeletal disorder" (MSD). This proposal does not change the existing requirements about when and under what circumstances employers must record work-related injuries and illnesses. The Agency believes that having aggregate data on MSDs may help employers and workers track these injuries at individual workplaces. MSD information will also improve theutility, accuracy and completeness of the national occupational injury and illness statistics, and may assist the Agency in its dayto-day activities and overall safety and health policy making. This proposed rule was temporarily withdrawn from OMB on January 26, 2011, so that the Agency could gather more information from stakeholders in the small business community. OSHA, in conjunction with the US Small Business Administration Office of Advocacy, will participate in a special stakeholder meeting to listen to the concerns of small businesses regarding the Agency's proposal. After this meeting, OSHA will review the information in the record and take appropriate action based on the information received.

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

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

Timetable:

Action Date FR Cite

NPRM 01/29/2010 75 FR 4728

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

Extension of Comment Period End 03/30/2010
Small Businees Stakeholder Meeting 04/12/2011
Small Business Stakeholder Meeting 04/11/2011
Notice of Limited Reopening of Rulemaking Record 05/17/2011 76 FR 28383
Analyze Record 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

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Title: Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System

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

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

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

Timetable:

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

Comment Period End 06/18/2010

NPRM 09/00/2011Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Keith Goddard Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. FP Building Room N-3718 Washington , DC 20210

Phone: 202 693-2400

FAX: 202 693-1641

E-Mail: goddard.keith@dol.gov

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

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

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

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

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

Timetable:

Action Date FR Cite

NPRM 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Keith Goddard Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. FP Building Room N-3718 Washington , DC 20210

Phone: 202 693-2400

FAX: 202 693-1641

E-Mail: goddard.keith@dol.gov

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

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Title: Confined Spaces in Construction

Abstract: In 1993, OSHA issued a rule to protect employees who enter confined spaces while engaged in general industry work (29 CFR 1910.146). This standard has not been extended to cover employees entering confined spaces while engaged in construction work because of unique characteristics of construction worksites. Pursuant to discussions with the United Steel Workers of America that led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a proposed rule to protect construction workers in confined spaces.Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

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

Timetable:

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

NPRM 11/28/2007 72 FR 67351

NPRM Comment Period End 01/28/2008

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

Close Record 10/23/2008

Final Action 11/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Jim Maddux

Directorate of Construction Department of Labor Occupational Safety and Health Administration Department of Labor 200 Constitution Avenue NW. Room N-3468 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.gov

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

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Title: Electric Power Transmission and Distribution; Electrical Protective Equipment

Abstract: Electrical hazards are a major cause of occupational death in the United States. The annual fatality rate for power line workers is about 50 deaths per 100,000 employees. The construction industry standard addressing the safety of these workers during the construction of electric power transmission and distribution lines is over 35 years old. OSHA has developed a revision of this standard that will prevent many of these fatalities, add flexibility to the standard, and update and streamline the standard. OSHA also intends to amend the corresponding standard for general industry so that requirements for work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction. In addition, OSHA will be revising a few miscellaneous general industry requirements primarily affecting electric transmission and distribution work, including provisions on electrical protective equipment and foot protection. This rulemaking also addresses fall protection in aerial lifts for work on power generation, transmission, and distribution installations. OSHA published an NPRM on June 15, 2005. A public hearing was held from March 6 through March 14, 2006. OSHA reopened the record to gather additional information on minimum approach distances for specific ranges of voltages. The record was reopened a second time to allow more time for comment and to gather information on minimum approach distances for all voltages and on the newly revised Institute of Electrical and Electronics Engineers consensus standard. Additionally, a public hearing was held on October 28, 2009. The posthearing comment period ended in September 2010. OSHA anticipates publishing a final rule in July 2011.

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

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

Timetable:

Action Date FR Cite
SBREFA Report 06/30/2003

NPRM 06/15/2005 70 FR 34821

NPRM Comment Period End 10/13/2005
Public Hearing To Be Held 03/06/2006 10/12/2005 70 FR 59290

Comment Period Extended to 01/11/2006 10/12/2005 70 FR 59290Posthearing Comment Period End 07/14/2006
Reopen Record 10/22/2008 73 FR 62942

Comment Period End 11/21/2008

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

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

Final Rule 09/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Local

Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty 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: dougherty.dorothy@dol.gov

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

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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 record closed on June 1, 2010. OSHA is scheduled to publish the final rule in August 2011.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
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

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 03/02/2010Hearing 03/31/2010
Post Hearing Comment Period End 06/01/2010

Final Action 09/00/2011

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

Federalism: Yes
Energy Affected: No Agency Contact: Dorothy Dougherty 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: dougherty.dorothy@dol.gov

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

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Title: Cooperative Agreements

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

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

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

Timetable:

Action Date FR Cite

NPRM 09/03/2010 75 FR 54064

NPRM Comment Period End 11/02/2010

Final Action 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No Agency Contact: Gregory Baxter Acting Director, Directorate of Cooperative and State Programs Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. Room N3700, FP Building Washington , DC 20210

Phone: 202 693-2200

FAX: 202 693-1671

E-Mail: baxter.greg@dol.gov

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

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Title: Procedures for Handling Employee Retaliation Complaints Under the National Transit Systems Security Act of 2007; Surface Transportation Assistance Act of 1982, as Amended; and Federal Railroad Safety

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section1521 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 will promulgate procedures for the handling and investigation of retaliation complaints pursuant to section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007. Section 1413, known as the National Transit Systems Security Act (NTSSA), included a new whistleblower protection provision to be administered by OSHA that provides protection from retaliation to employees of public transportation agencies and their contractors and subcontractors who report potential violations or engage in certain activities related to safety and security. OSHA will amend 29 CFR 1978, the procedures applicable to the handling and investigation of whistleblower complaints under the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105, to implement statutory changes enacted by Congress under section 1536 of the Implementing Recommendations of the 9/11 Commission Act of 2007, and to provide other procedural updates as needed. The statute provides retaliation protection to employees working for commercial motor carriers who report potential violations or engage in certain activities related to safety and security. Pursuant to these statutes, the rules will set forth the procedures for handling and investigating retaliation complaints, including a statutory "kick-out" provision allowing the complainant to file the complaint in District Court if the Secretary of Labor has not issued a final decision within 210 days of the filing of the complaint. Immediate implementation of these regulations is necessitated to govern whistleblower investigations conducted under the new and revised statutes.

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

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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/31/2010

Interim Final Rule 08/31/2010 75 FR 53522

Interim Final Rule Comment Period End 11/01/2010

Final Action 11/00/2011

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

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

Phone: 202 693-2531

FAX: 202 693-2369

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC47

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

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

statute.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: NoCFR Citation: 29 CFR 1983 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 110-314, sec 219, the Consumer Product Safety Improvement Act of 2008; 15 USC 2087
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/31/2010

Interim Final Rule 08/31/2010 75 FR 53533

Interim Final Rule Comment Period End 11/01/2010

Final Action 11/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369

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

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

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

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

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

Protection Act of 2010
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC54

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Title: Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010, Section 1057 of

the Dodd-Frank Wall Street Reform and Consumer

Abstract: OSHA is promulgating procedures for the handling and investigation of retaliation complaints pursuant to section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) of 2010. This section established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees in the consumer financial product and service industries who engage in protected activities under 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 the complaint in District Court if within 210 days of the filing of the complaint the Secretary has not issued a final determination, or within 90 days after receiving a written determination. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new statute, which becomes effective on July 21, 2011.

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

CFR Citation: 29 CFR 1985 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111-203, sec 1057, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC55

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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), which added section 18C to the Fair Labor Standards Act. This section established a new whistleblower protection statute to be administered by OSHA that provides protection from retaliation to employees who engage in protected activities under the ACA. Pursuant to the statute, the procedures will follow those enacted under the Consumer Product Safety Improvement Act, 15 U.S.C. 2087(b), including remedies and legal burdens of proof provisions. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new statute.

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

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

Timetable:

Action Date FR Cite

Interim Final Rule 09/00/2011Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369

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

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Title: Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act

Abstract: OSHA intends to promulgate procedures for the handling and investigation of retaliation complaints pursuant to section 402 of the FDA Food Safety Modernization Act (FSMA). This section established a new whistleblower protection statute to be administered by OSHA. It 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. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the new statute.

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

CFR Citation: 29 CFR 1987 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111-353, sec 402 of the FDA Food Safety Modernization Act
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC59

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Title: Procedures for Handling of Retaliation Complaints Under the Seaman's Protection Act

Abstract: OSHA intends to promulgate procedures for the handling and investigation of retaliation complaints pursuant to the Seaman's Protection Act, 46 U.S.C. section 2114 (SPA), as amended by section 611 of the Coast Guard Authorization Act of 2010, Public Law 111-281. This section 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. Promulgation of a regulation is necessary to govern whistleblower investigations conducted under the statute.

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

CFR Citation: 29 CFR 1986 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: PL 111-281, sec 611 of the Coast Guard Authorization Act of 2010, amending the Seaman's Protection Act,
46 USC 2114
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369

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

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

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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: Not Yet Determined
Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Jim Maddux

Directorate of Construction Department of Labor Occupational Safety and Health Administration Department of Labor 200 Constitution Avenue NW. Room N-3468 Washington , DC 20210

Phone: 202 693-2020

FAX: 202 693-1689

E-Mail: maddux.jim@dol.govDepartment of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC64

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

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were incorporated by reference. In the more than 40 years since these standards were adopted by OSHA, the 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). As part of this multi-year project, OSHA published a Direct Final Rule (DFR) for Acetylene and a final rule on Personal Protective Equipment (PPE). The Acetylene DFR, published August 2009, updated 29 CFR 1910.102 based on the latest NFPA and Compressed Gas Association (CGI) consensus standards. Just prior to issuing the DFR, CGI published a new edition of their standard in June 2009; OSHA's update of 29 CFR 1910.102 was undergoing final OMB review at that time. OSHA intends to publish a DFR to incorporate the 2009 CGI standard.

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

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

Timetable:

Action Date FR Cite

Direct Final Rule 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

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

View Related Documents

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

Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were incorporated by reference. In the more than 40 years since these standards were adopted by OSHA, the organizations responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate by reference various consensus standards that are now outdated and, in some cases, out of print. The Agency is undertaking a multi-year project to update these standards. A notice describing the project was published in November 2004 (69 FR 68283). As part of this multi-year project, OSHA published a Direct Final Rule (DFR) for Acetylene and a final rule on Personal Protective Equipment (PPE). The PPE Final Rule, published September 2009, amended the general industry PPE standard and incorporated by reference a number of updated consensus standards governing the design and testing of certain types of PPE. The Final Rule did not update PPE standards for the construction industry; these standards currently refer to outdated consensus rules. In addition, while the Final Rule was undergoing final OMB review, ANSI published a 2009 edition of the Head Protection (ANSI Z-89.1) consensus standard. This current project will now incorporate the latest PPE consensus standards for the general, construction, and maritime industriesPriority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No

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

Timetable:

Action Date FR Cite

Direct Final Rule 10/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB50

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Title: General Working Conditions for Shipyard Employment

Abstract: During the 1980s, OSHA initiated a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, ship repair, and shipbreaking industries. The operations addressed in this rulemaking relate to general working conditions such as housekeeping, illumination, sanitation, first aid, and lockout/tagout. An estimated 100,000 workers are potentially exposed to these hazards each year. The proposed rule was published December 20, 2007, and public hearings were held in 2008.

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

CFR Citation: 29 CFR 1915, subpart F (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b); 33 USC 941
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/20/2007 72 FR 72451

NPRM Comment Period End 03/19/2008
Public Hearings Held--September 9-10, 2008 06/30/2008 73 FR 36823
Public Hearings Held--October 21-22, 2008 09/19/2008 73 FR 54340
Public Hearing Comment Period End 02/20/2009
Analyze Record 07/31/2009

Final Rule 05/02/2011 76 FR 24576
Final Action Effective--Provisions of Subchapter 1915.89 Are Effective
10/31/2011 08/01/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Dorothy Dougherty Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW. Room N-3718, FP Building Washington , DC 20210Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC19

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Title: Standards Improvement Project (SIP III)

Abstract: OSHA is continuing its efforts to remove or revise duplicative, unnecessary, and inconsistent safety and health standards. This effort builds upon the success of the Standards Improvement Project (SIP) Phase I published on June 18, 1998 (63 FR 33450), and Phase II published on January 5, 2005 (70 FR 1111). The Agency believes that such changes can reduce compliance costs and reduce the paperwork burden associated with a number of its standards. The Agency will only consider such changes if they do not diminish employee protections. To initiate the project, OSHA published an advance notice of proposed rulemaking (ANPRM) on December 21, 2006, to solicit input from the public on rules that may be addressed in Phase III of SIP. The Agency plans to include both safety and health topics in Phase III. OSHA published a NPRM on July 2, 2010. The comment period closed on September 30, 2010. The next action for this rulemaking is to publish the final rule.

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

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917 to 1919; 29 CFR 1926; 29 CFR 1928 (To search for a specific CFR,

visit the Code of Federal Regulations )
Legal Authority: 29 USC 655(b)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/21/2006 71 FR 76623

ANPRM Comment Period End 02/20/2007
Analyze Record 04/30/2007

NPRM 07/02/2010 75 FR 38646

NPRM Comment Period End 09/30/2010

Final Action 06/08/2011 76 FR 33590

Final Action Effective 07/08/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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

Phone: 202 693-1950

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC25

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Title: Procedures for Handling Discrimination Complaints Under Federal Employee Protection Statutes

Abstract: Section 629, the employee protection provision of the Energy Policy Act of 2005, amended the Energy Reorganization Act of 1978 (ERA), 42 U.S.C. section 5851. The amendments add Department of Energy and Nuclear Regulatory Commission employees to the employees covered under the Act, as are contractors and subcontractors of the Commission. In addition, Congress added a "kick-out" provision allowing the complainant to remove the complaint to District Court if the Secretary of Labor has not issued a final decision within a year of the filing of the complaint. These are significant changes to the ERA, necessitating immediate revision of the regulations, 29 CFR part 24, Procedures for the Handling of Discrimination Complaints under Federal Employee Protection Statutes, which governs whistleblower investigations under the Energy Reorganization Act of 1978 as well as under six EPA statutes.Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 24 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 15 USC 2622; 33 USC 1367; 42 USC 300j-9(i); 42 USC 5851; 42 USC 6971; 42 USC 7622; 42 USC 9610
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/10/2007 72 FR 44956

Interim Final Rule Comment Period End 10/09/2007

Final Rule Effective 01/18/2011

Final Rule 01/18/2011 76 FR 2808

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-2531

FAX: 202 693-2369

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC27

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Title: Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach

Abstract: OSHA is proposing to adjust the methodology it uses to establish the fees that the Agency charges for the services it provides to Nationally Recognized Testing Laboratories (NRTLs). A number of OSHA standards require that certain products and equipment used in the workplace be tested and certified by an organization that has been recognized by OSHA. OSHA requires NRTL applicants to provide detailed and comprehensive information about their programs, processes, and procedures in writing when they apply. OSHA reviews the written information and conducts an on-site assessment to determine whether the organization meets the requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL applies for expansion or renewal of its recognition. In addition, the Agency conducts annual audits to ensure that the recognized laboratories maintain their programs and continue to meet the recognition requirements. In 2000, OSHA began charging NRTLs for the services it provides them. The services are processing of NRTL applications and audits of NRTL operations, and they define the fundamental functions of the NRTL Program. OSHA has determined that its current NRTL fee schedule does not recoup the full costs of the services performed because it does not recover certain indirect costs of those services. These indirect costs stem from attendant activities and accrue to the benefit of those services. OSHA's proposed fee schedule would account for these indirect costs. In determining the revised fee structure, OSHA will follow the guidelines established by the Office of Management and Budget in Circular Number A-25. The proposed schedule will require prepayment of all the fees, which complies with the circular and changes the timing of the payment of many of the fees. OSHA published a Final Rule on February 25, 2011.

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

CFR Citation: 29 CFR 1910.7(f) (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657; 31 USC 9701
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/07/2009 74 FR 64027

NPRM Comment Period End 01/21/2010

Final Action 02/25/2011 76 FR 10500

Final Action Effective 03/28/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Mary Ann GarrahanDirector, 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)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB71

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Title: Safety and Health Management Programs for Mines

Abstract: MSHA held public meetings to gather information and suggestions from the mining community on effective, comprehensive safety and health management programs, including programs used in the mining industry. MSHA will hold additional public meetings to gather more extensive information for the development of a proposed rule for safety and health management programs to eliminate hazards and prevent injuries and illnesses at mines.

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: 30 USC 811 and 812
Legal Deadline: None

Timetable:

Action Date FR Cite
Notice of Public Hearing 09/09/2010 75 FR 54804
Stakeholder Meetings 10/08/2010
Stakeholder Meeting 10/14/2010
Stakeholder Meeting 10/12/2010

Comment Period End 12/17/2010
Hold Stakeholder Meetings 09/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

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

View Related Documents

Title: Respirable Crystalline Silica Standard

Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. The coal mining industry standard is based on the formula 10 mg/m3 divided by the percentage of quartz where the quartz content is greater than 5 percent calculated as an MRE equivalent concentration. 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. Both formulas are designed to limit exposures to 0.1 mg/m3 (100 ug) of silica. The Secretary of Labor's Advisory Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers made several recommendations related to reducing exposure to silica. NIOSH recommends a 50 ug/m3 exposure limit for respirable crystalline silica. MSHA will publish a proposed rule to address miners' exposure to respirable crystalline silica.Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 58; 30 CFR 70; 30 CFR 71; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811; 30 USC 813
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2011

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: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@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: ETS The Mine Safety and Health Administration (MSHA) will issue an emergency temporary standard (ETS) under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners face when working near continuous mining machines in underground coal mines. MSHA has concluded, from investigations of accidents involving continuous mining machines and other reports, that immediate action is necessary to protect miners. Mobile equipment can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The ETS would strengthen the protection for underground coal miners by reducing the potential of pinning, crushing or striking hazards associated with working close to continuous mining machines. As a part of the Secretary's strategy for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles. NPRM MSHA will develop a proposed rule to address the dangers 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 mobile equipment. Proximity detection technology can prevent these types of accidents. The proposed rule would strengthen the protection for underground miners by reducing the potential of pinning, crushing or striking hazards associated with working close to mobile equipment. As a part of the Secretary's strategy for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles.

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

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

Timetable:

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

RFI Comment Period Ended 04/02/2010
Emergency Temporary Standard (ETS) 08/00/2011

NPRM 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No Agency Contact: Roslyn B. FontaineActing Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB67

View Related Documents

Title: Notification of Legal Identity

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

on those violators.

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

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

Timetable:

Action Date FR Cite

NPRM 07/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

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

View Related Documents

Title: Criteria and Procedures for Proposed Assessment of Civil Penalties

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

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

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

Timetable:Action Date FR Cite

NPRM 08/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB73

View Related Documents

Title: Pattern of Violations

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

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

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

Timetable:

Action Date FR Cite

NPRM 02/02/2011 76 FR 5719

NPRM Extension of Comment Period 04/04/2011 76 FR 18467

NPRM Comment Period End 04/04/2011

NPRM Extension Comment Period End 04/18/2011
Public Hearings; Analyze Comments 11/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

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

RIN Information URL: http://www.msha.gov/regsinfo.htm Public Comment URL: http://www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

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

View Related DocumentsTitle: 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 safety or health standards. Therefore, MSHA will be revising existing standards for preshift, supplemental, on-shift, and weekly examinations to address violations of mandatory health or safety standards. This will complement the proposed rule concerning Safety and Health Management Programs for Mines (1219-AB71).

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

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 Extension of Comment Period End 03/28/2011
Public Hearing; Analyze Comments 11/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Related to 1219 -AB71 Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB76

View Related Documents

Title: Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines

Abstract: The Mine Safety and Health Administration (MSHA) issued an emergency temporary standard (ETS) under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners in underground bituminous coal mines face when accumulations of coal dust are not made inert. MSHA concluded from investigations of mine explosions and other reports that immediate action was necessary to protect miners. Accumulations of coal dust can ignite, resulting in an explosion, or after an explosion, it can propagate, increasing the severity of the explosion. The ETS requires mine operators to increase the incombustible content of combined coal dust, rock dust, and other dust to at least 80 percent in underground areas of bituminous mines. The ETS further requires that the incombustible content of such combined dust be raised 0.4 percent for each 0.1 percent of methane present. The ETS strengthens the protection for miners by reducing the potential for a coal mine explosion.

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

CFR Citation: 30 CFR sec 75.403 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811
Legal Deadline: None

Timetable:

Action Date FR Cite
Emergency Temporary Standard 09/23/2010 75 FR 57849Hearing 10/28/2010
Hearing 10/26/2010
Hearing 11/18/2010
Hearing 11/16/2010

Comment Period End 12/20/2010

Final Action 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB37

View Related Documents

Title: Revising Electrical Product Approval Regulations

Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and Accessories) describes the approval requirements for electrically operated machines and accessories intended for use in underground gassy mines, and for related matters, such as approval procedures, certification of components, and acceptance of flame-resistant hoses and conveyor belts. Aside from minor modifications, part 18 has been largely unchanged since it was promulgated in 1968. MSHA is proposing revisions to improve the efficiency of the approval process, recognize new technology, add quality assurance provisions, address existing policies through the rulemaking process, and reorganize portions of the approval regulations. MSHA will be addressing the requirements in this part in phases. The first phase, Flame-Resistance Testing of Mining Materials, was completed with the final rule published on December 31, 2008 (73 FR 80580). The second phase will be Intrinsic Safety Requirements. This action will be published second because the MINER Act required underground coal mine operators to submit an Emergency Response Plan (ERP) that sets forth a means of providing post-accident communication and electronic tracking.

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

CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27; 30 CFR 14; ... (To search for a specific CFR, visit

the Code of Federal Regulations )
Legal Authority: 30 USC 957
Legal Deadline: None

Timetable:

Action Date FR Cite
NPRM (Phase 1) 06/19/2008 73 FR 35026

NPRM Comment Period End 09/08/2008

Final Action--Phase 1 12/31/2008 73 FR 80580
NPRM--Phase 2 Intrinsic Safety Requirements 08/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: Undetermined

RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB64

View Related Documents

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

Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (CWP or black lung) and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease, according to the National Institute for Occupational Safety and Health (NIOSH). In September 1995, NIOSH issued a Criteria Document in which it recommended that the respirable coal mine dust permissible exposure limit (PEL) be cut in half. In February 1996, the Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the adequacy of MSHA's current program and standards to control respirable dust in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The Committee represented the labor, industry and academic communities. The Committee submitted its report to the Secretary of Labor in November 1996, with the majority of the recommendations unanimously supported by the Committee members. The Committee recommended a number of actions to reduce miners' exposure to respirable coal mine dust. This proposed rule is an important element in MSHA's Comprehensive Black Lung Reduction Strategy (Strategy) to "End Black Lung Now" and combines the following rulemaking actions: (1) "Occupational Exposure to Coal Mine Dust (Lowering Exposure)," RIN 1219-AB64; (2) "Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust," RIN 1219-AB14; (3) "Determination of Concentration of Respirable Coal Mine Dust," RIN 1219-AB18; and (4) "Respirable Coal Mine Dust: Continuous Personal Dust Monitor (CPDM)," RIN 1219-AB48.

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

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

Timetable:

Action Date FR Cite

NPRM Comment Period End 02/28/2010 75 FR 64412

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

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

NPRM Comment Period End 05/02/2011

Final Rule 05/27/2011 76 FR 30878

Final Rule Effective 06/20/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

RIN Information

URL: http://www.msha.gov/S&HINFO/BlackLung/homepage2009.asp Public Comment URL: http://www.regulations.gov

Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL)

Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB70

View Related Documents

Title: Metal and Nonmetal Dams

Abstract: On August 13, 2010, MSHA issued an advance notice of proposed rulemaking requesting information about proper design, construction, operation and maintenance of impoundments at metal and nonmetal mines, as well as related safety issues for impoundments at metal and nonmetal mines. MSHA has withdrawn this item at this time and will address this issue through a nonregulatory approach.

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

CFR Citation: 30 CFR 56; 30 CFR 57 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 30 USC 811; 30 USC 812
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/13/2010 75 FR 49429

ANPRM Extension of Comment Period 10/07/2010 75 FR 62024

Withdrawn 04/18/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration Department of Labor 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209-3939

Phone: 202 693-9440

FAX: 202 693-9441

E-Mail: fontaine.roslyn@dol.gov

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

NPRM 09/00/2011Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Federalism: Undetermined
Energy Affected: No

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

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: Proposed Rule
Major: Undetermined Unfunded Mandates: No

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

Timetable:

Action Date FR Cite

NPRM 10/00/2011

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

Federalism: Undetermined
Energy Affected: No

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

Phone: 202 693-0406

FAX: 202 693-1387

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

View Related Documents

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: UndeterminedCFR Citation: 29 CFR 552 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 213 (a)(15); 29 USC 213 (b)(21)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2011

Additional Information: Previously reported as 1215-AB85.

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

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

Phone: 202 693-0406

FAX: 202 693-1387

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA02

View Related Documents

Title: Nondisplacement of Qualified Workers Under Service Contracts

Abstract: Executive Order 13495 of January 30, 2009, Nondisplacement of Qualified Workers Under Service Contracts, establishes the policy that Federal service contracts generally include a clause requiring the contractor and its subcontractors, under a contract that succeeds a contract for the same or similar service at the same location, to offer qualified employees(except managerial and supervisory personnel) employed on the predecessor contract a right of first refusal to employment under the successor contract. The order assigns enforcement responsibility to the Secretary of Labor and directs the Secretary, in consultation with the Federal Acquisition Regulatory Council, to issue regulations to implement the order.

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

CFR Citation: 29 CFR 9 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 13495, sec 4 to 6; 5 USC 301
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/19/2010 75 FR 13382

NPRM Comment Period End 05/18/2010

Final Action 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1215-AB69 Agency Contact: Mary Ziegler Director, Division of Regulations, Legislation, and Interpretation Department of Labor Wage and Hour Division Room S-3502, FP Building 200 Constitution Avenue NW. Washington , DC 20210

Phone: 202 693-0406

FAX: 202 693-1387

Department of Labor (DOL) Wage and Hour Division ( WHD ) RIN: 1235-AA00

View Related Documents

Title: Amendments to the Fair Labor Standards Act

Abstract: Small Business Job Protection Act of 1996 (H.R. 3448) enacted on August 20, 1996 (Pub. L. 104-188, title II), amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28) also amended the FLSA by increasing the minimum wage in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009. Changes will be required in the regulations to reflect these amendments. Other updates will address needed clarifications to additional sections of the regulations, including sections affected by Public Law 106-151, section 1 (Dec. 9, 1999), 113 Stat. 1731, and Public Law 106-202 (May 18, 2000), 114 Stat. 308.

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

CFR Citation: 29 CFR 4; 29 CFR 531; 29 CFR 778 to 780; 29 CFR 785 to 786; 29 CFR 790 (To search for a specific CFR,

visit the Code of Federal Regulations )
Legal Authority: 29 USC 201 et seq; PL 104-188, sec 2101 to 2105
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2008 73 FR 43654

NPRM Comment Period Extended 08/22/2008 73 FR 49621

NPRM Comment Period End 09/11/2008

Final Action 04/05/2011 76 FR 18832

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

Federalism: No
Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Previously Reported as 1215-AB13 Agency Contact: Montaniel NavarroFair Labor Standards Act Branch Chief, Division of Enforcement Policy Department of Labor Wage and Hour Division 200 Constitution Avenue NW. Room S-3502, FP Building Washington , DC 20210

Phone: 202 693-0067

FAX: 202 693-1387

Department of Labor (DOL) Office of Workers Compensation ( OWCP ) RIN: 1240-AA03

View Related Documents

Title: Claims for Compensation Under the Federal Employees' Compensation Act

Abstract: On August 13, 2010, the Department of Labor (DOL) proposed revisions to the regulations governing the administration of the Federal Employees' Compensation Act (FECA) (75 FR 49596). The FECA provides benefits to all civilian Federal employees and certain other groups of employees and individuals who are injured or killed while performing their jobs. At that time, DOL also proposed revisions to the regulations establishing the authority of the Office of Workers' Compensation Programs (OWCP) which administers the FECA. The proposed changes were summarized in that publication. The existing rules have been amended to acknowledge a change in the organization of the OWCP and amendments to the FECA which have occurred since the last time the regulations were amended in 1999. These changes also update the regulations by taking into account changes in technology and other changes to improve administrative efficiency. As many FECA claimants are not represented, the regulations are revised to insert FECA statutory references as a frame of reference for clarity and ease of use. The regulations include adding the skin as an organ pursuant to 5 U.S.C. 8107(c)(22). The regulations also create a new special schedule covering injuries to non-citizen non-resident Federal employees outside the United States. Finally, the regulations covering the processing of medical bills have been updated to provide for greater use of technology in that process to reduce costs and to clarify requirements for such submissions.

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

CFR Citation: 20 CFR 1; 20 CFR 10; 20 CFR 25 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 8149
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/13/2010 75 FR 49596

NPRM Comment Period End 10/12/2010
Analyze Comments 06/00/2011

Final Rule 11/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Related RINs: Previously Reported as 1215-AB83 Agency Contact: Douglas Fitzgerald Director, Division of Federal Employees’ Compensation, Office of Workers’ Compensation Programs Department of Labor Office of Workers Compensation 200 Constitution Avenue NW. FP Building Room S-3229 Washington , DC 20210

Phone: 202 693-0040

FAX: 202 693-1497

E-Mail: fitzgerald.douglas@dol.gov

Department of Labor (DOL)

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

View Related Documents

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

Entitlement to Benefits

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

amendments.

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

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

Timetable:

Action Date FR Cite

NPRM 03/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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

Phone: 202 693-0978

FAX: 202 693-1395

E-Mail: mcclaran.michael@dol.gov

Department of Labor (DOL)

Office of Workers Compensation ( OWCP ) RIN: 1240-AA02

View Related Documents

Title: Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels

Abstract: The American Recovery and Reinvestment Act of 2009 amended the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 to 950, to exclude from the Act's coverage certain employees who repair recreational vessels and who dismantle them for repair, regardless of the vessel's length. On August 17, 2010, (republished on October 15, 2010), the Department issued a Notice of Proposed Rulemaking revising the definition of recreational vessel and addressing coverage of those employees who work in both qualifying maritime employment and employment excluded under the amendment. The comment period ended on November 17, 2010. The Department anticipates publishing a final rule by December 2011.

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

CFR Citation: 20 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 33 USC 939
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/17/2010 75 FR 50718
NPRM Republished 10/15/2010 75 FR 63425

NPRM Comment Period End 11/17/2010

Final Action 12/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB73 Agency Contact: Brandon Miller Chief, Branch of Financial Management, Insurance and Assessment Department of LaborOffice of Workers Compensation 200 Constitution Avenue NW. Room C-4315, FP Building Washington , DC 20210

Phone: 202 693-0925

FAX: 202 693-1380

E-Mail: miller.brandon@dol.gov

Department of Labor (DOL)

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

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

Abstract: The Department intends to publish notice and comment rulemaking seeking consideration of a revised 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. A proposed revised interpretation would narrow the scope of the advice exemption.

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

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

Timetable:

Action Date FR Cite

NPRM 06/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No
Energy Affected: No

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

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

Phone: 202 693-1254

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

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

View Related Documents

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

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

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

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

Timetable:Action Date FR Cite

NPRM 11/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

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

Phone: 202 693-1254

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA01

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Title: Labor Organization Officer and Employee Report (Form LM-30)

Abstract: The Department intends to review questions of law and policy changes made to the Form LM-30 in 2007. The Form LM-30 (Labor Organization Officer and Employee Report) is required by the Labor-Management Reporting and Disclosure Act (LMRDA). The purpose of the Form is to identify potential conflicts of interest between the labor organization officials and their labor organization.

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

CFR Citation: 29 CFR 404 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 432 and 438
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/10/2010 75 FR 48416

NPRM Comment Period End 10/12/2010

Final Action 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Previously Reported as 1215-AB74 Agency Contact: Andrew R. Davis Chief, Division of Interpretations and Standards, Office of Labor-Management Standards Department of Labor Office of Labor Management Standards Room N-5609, FP Building 200 Constitution Avenue NW. Washington , DC 20210

Phone: 202 693-1254

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

Office of Labor Management Standards ( OLMS ) RIN: 1245-AA04

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Title: Internet Balloting in Union Officer Elections

Abstract: The Department published a Request for Information regarding the application of title IV of the Labor-Management Reporting and Disclosure Act (LMRDA) in the context of Internet balloting in union officer elections. The Department will review and consider the public responses to the RFI to determine whether to initiate regulatory action in the future.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: Undetermined Unfunded Mandates: NoCFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 481 and 482
Legal Deadline: None

Timetable:

Action Date FR Cite
Request for Information 01/11/2011 76 FR 1559
Request For Information Comment Period End 03/14/2011

Withdrawn 04/18/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

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

Related RINs: Previously Reported as 1215-AB84 Agency Contact: Andrew R. Davis Chief, Division of Interpretations and Standards, Office of Labor-Management Standards Department of Labor Office of Labor Management Standards Room N-5609, FP Building 200 Constitution Avenue NW. Washington , DC 20210

Phone: 202 693-1254

FAX: 202 693-1340

E-Mail: davis.andrew@dol.gov

Department of Labor (DOL)

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

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Title: Non Discrimination in Compensation: Compensation Data Collection Tool

Abstract: Compensation discrimination is one form of discrimination that is prohibited by Executive Order 11246. Eliminating gender and race-based, compensation discrimination continues to be a priority issue for OFCCP. To this end, OFCCP is considering the development of a new strategic compensation data collection tool that will effectively identify contractors that are likely to violate the Executive Order. In addition, the data collection tool may be used to conduct establishment-specific, contractor-wide, and industry-wide analyses. Through publication of an Advance Notice of Proposed Rulemaking (ANPRM), OFCCP will seek input from stakeholders on issues relating to the scope, content, and format of the tool to ensure that it is an

effective and efficient data collection instrument

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

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

Timetable:

Action Date FR Cite

ANPRM 06/00/2011

NPRM 06/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined
Energy Affected: No Agency Contact: Debra A. Carr Director, Division of Policy, Planning and Program Development Department of Labor Office of Federal Contract Compliance Programs
200 Constitution Avenue NW. Room N3422 Washington , DC 20210

Phone: 202 693-0102

TDD Phone: 202 693- 1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.govDepartment of Labor (DOL) Office of Federal Contract Compliance Programs ( OFCCP ) RIN: 1250-AA00

View Related Documents

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and

Placement Results Under the VEVRAA of 1974, As Amended

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR parts 60-250 and 60-300, implementing the nondiscrimination and affirmative action provisions of VEVRAA. This NPRM would strengthen the affirmative action requirements for Federal contractors and subcontractors. The NPRM would amend the regulations to require that Federal contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA and would require the use of numerical targets to measure the effectiveness of affirmative action efforts. The NPRM would also make revisions to recordkeeping requirements.

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

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

Timetable:

Action Date FR Cite

NPRM 04/26/2011 76 FR 23358

NPRM Comment Period End 06/27/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

Related RINs: Previously Reported as 1215-AB80 Agency Contact: Debra A. Carr Director, Division of Policy, Planning and Program Development Department of Labor Office of Federal Contract Compliance Programs
200 Constitution Avenue NW. Room N3422 Washington , DC 20210

Phone: 202 693-0102

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-AA01

View Related Documents

Title: Construction Contractor Affirmative Action Requirements

Abstract: This Notice of Proposed Rulemaking (NPRM) would revise the regulations in 41 CFR part 60-4 implementing the affirmative action requirements of Executive Order 11246 that are applicable to Federal and federally assisted construction contractors. The NPRM will strengthen and enhance the effectiveness of the affirmative action program requirements for Federal and federally assisted construction contractors and subcontractors, particularly in the area of recruitment and job training.

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

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

Timetable:

Action Date FR Cite

NPRM 11/00/2011Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81 Agency Contact: Debra A. Carr Director, Division of Policy, Planning and Program Development Department of Labor Office of Federal Contract Compliance Programs
200 Constitution Avenue NW. Room N3422 Washington , DC 20210

Phone: 202 693-0102

TDD Phone: 202 693- 1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL)

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

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Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors: Evaluation of Recruitment and
Placement Results Under Section 503

Abstract: This Notice of Proposed Rulemaking (NPRM) would amend 41 CFR part 60-741, the nondiscrimination and affirmative action provisions of section 503. This NPRM would strengthen the affirmative action requirements for Federal contractors and subcontractors. The NPRM would amend the regulations to require that Federal contractors and subcontractors increase linkages and conduct more substantive analyses of recruitment and placement actions taken under section 503. The NPRM would also make revisions to recordkeeping requirements.

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

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

Timetable:

Action Date FR Cite

ANPRM 07/23/2010 75 FR 43116

ANPRM Comment Period End 09/21/2010

NPRM 08/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No

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

Related RINs: Previously Reported as 1215-AB77 Agency Contact: Debra A. Carr Director, Division of Policy, Planning and Program Development Department of Labor Office of Federal Contract Compliance Programs
200 Constitution Avenue NW. Room N3422 Washington , DC 20210

Phone: 202 693-0102

TDD Phone: 202 693- 1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

Department of Labor (DOL)

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

View Related Documents

Title: Sex Discrimination Guidelines

Abstract: The Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246, as amended, which prohibits Federal Government contractors and subcontractors from discriminating against individuals inemployment 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 regards 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. 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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: Undetermined

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

Timetable:

Action Date FR Cite

NPRM 02/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: Undetermined
Energy Affected: Undetermined Agency Contact: Debra A. Carr Director, Division of Policy, Planning and Program Development Department of Labor Office of Federal Contract Compliance Programs
200 Constitution Avenue NW. Room N3422 Washington , DC 20210

Phone: 202 693-0102

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-AA25

View Related Documents

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

Abstract: The current Department of Labor regulations governing administration of claims under the Federal Tort Claims Act (FTCA) and other statutes that authorize payments for wrongful death, personal injury and/or property damage have been in place since 1995. Since that time, experience in administering these regulations has provided a number of ideas of how these regulations may be streamlined, clarified and improved. Furthermore, a number of changes have been made to the process whereby such claims are paid. Finally, the FTCA claims process is also described in two other regulatory sections issued by the Employment and Training Administration in connection with Administration of the Job Corps; these sections should be consolidated to improve clarity and consistency with Departmental regulations. In addition minor clarifications could be made to these regulations in regard to administration of the Federal Employees' Compensation Act in connection with Job Corps enrollees. This will be issued as an NPRM as well as a direct final rule which will be effective 60 days after date of publication in the Federal Register, unless we receive a significant adverse comment by 30 days after date of publication in the Federal Register.

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

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

Timetable:

Action Date FR Cite

NPRM 01/00/2012

Direct Final Rule 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Catherine P. Carter Counsel for Claims and Compensation Department of Labor Office of the Secretary
200 Constitution Avenue NW. Suite S-4325 Washington , DC 20210

Phone: 202 693-5320

E-Mail: carter.catherine@dol.gov

Department of Labor (DOL)

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

View Related Documents

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

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

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

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

Timetable:

Action Date FR Cite

NPRM 10/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Nikkia Wharton Attorney Department of Labor
Office of the Secretary

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

Phone: 202 693-7542

E-Mail: wharton.nikkia@dol.goc

Department of Labor (DOL)

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA18

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Title: Establishment of a Uniform National Threshold Entered Employment Rate Under the Jobs for VeteransAbstract: Rule will establish a national threshold entered employment rate for veterans under State employment service delivery systems, as required by 38 U.S.C. 4102(c)(3)(B).

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

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 38 USC 4102(c)(3)(B)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/18/2011 76 FR 9517

NPRM Comment Period End 04/19/2011
Analyze Comments 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No Agency Contact: Gordon Burke

Director of Grants and Transition Programs Department of Labor Office of the Assistant Secretary for Veterans' Employment and Training 200 Constitution Avenue NW. FP Building Room S-1325 Washington , DC 20210

Phone: 202 693-4700

Department of Labor (DOL)

Office of the Assistant Secretary for Veterans' Employment and Training ( ASVET ) RIN: 1293-AA17

View Related Documents

Title: Revised Funding Formula for Jobs for Veterans State Grants

Abstract: VETS does not intend to undertake further rulemaking for this item. VETS sought input on revisions suitable for implementation, within the very narrow range of Secretarial authority established by the governing statute. In response to the publication of the ANPRM, only six comments were received, five of which were submitted by State agencies with workforce responsibilities. These five State agencies reflected a regional concentration of States from the West and Southwest. There was no clear consensus among the comments received. Therefore, VETS intends to consider the possibility of implementing some of the suggestions received, within the administrative flexibility available under existing statutory and regulatory authority.

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

CFR Citation: 20 CFR 1001 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 38 USC 4102(c)(2)(B)(i)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/11/2010 75 FR 33203

ANPRM Comment Period End 09/09/2010

Withdrawn 04/25/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Gordon Burke

Director of Grants and Transition Programs Department of Labor Office of the Assistant Secretary for Veterans' Employment and Training 200 Constitution Avenue NW. FP Building Room S-1325 Washington , DC 20210

Phone: 202 693-4700