U.S. DEPARTMENT OF LABOR 

Fall 2010 Statement of Regulatory Priorities 

 Secretary Solis has consistently stated that all of the work of the Department of Labor is focused on 

achieving Good Jobs for Everyone. The Labor Department’s vision of a “good job” includes jobs that: 

• increase workers’ incomes and narrow wage and income inequality; 

• assure workers are paid their wages and overtime; 

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

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

• improve health benefits and retirement security for all workers; and 

• assure workers have a voice in the workplace. 

 To achieve this goal, the Department is using every tool in its toolbox, including increased 

enforcement actions, increased education and outreach, and targeted regulatory actions. Because the 

Department cannot be in every workplace every day, our targeted regulatory actions are centered on two 

broad themes—Plan/Prevent/Protect, and Openness and Transparency. These unifying themes seek to 

foster a new calculus that strengthens protections for workers and results in significantly increased 

compliance. Employers and other regulated entities must take full ownership over their adherence to 

Department regulations. The Department also hopes that with greater openness and transparency, 

workers will be in a better position to judge whether their workplace is one that values health and safety, 

work-life balance, and diversity. 

Plan/Prevent/Protect Compliance Strategy

 In the fall 2010 regulatory agenda, the Occupational Safety and Health Administration (OSHA), Mine 

Safety and Health Administration (MSHA), Office of Federal Contract Compliance Programs (OFCCP), 

and the Wage and Hour Division (WHD) will all propose regulatory actions that would require employers 

to develop programs to address specific compliance issues within each agency’s portfolio. Although the 

specifics will vary by law, industry, and regulated enterprise, the Plan/Prevent/Protect strategy seeks to 

remind employers and other regulated entities that they are responsible for full compliance with the law 

every day, not just when Department inspectors come calling. As announced with the spring 2010 

regulatory agenda, the strategy will require employers and other regulated entities to: 

• “Plan”: Create a plan for identifying and remediating risks of legal violations and other risks to 

workers—for example, a plan to inspect their workplaces for safety hazards that might injure or kill 

workers. Workers will be given opportunities to participate in the creation of the plans. In addition, the 

plans would be made available to workers so they can fully understand them and help to monitor 

their implementation. 

• “Prevent”: Thoroughly and completely implement the plan in a manner that prevents legal 

violations. The plan cannot be a mere paper process. This will not be an exercise in drafting a plan 

only to put it on a shelf. The plan must be fully implemented. 

• “Protect”: Verify on a regular basis that the plan’s objectives are being met. The plan must actually 

protect workers from health and safety risks and other violations of their workplace rights. 

 Employers and other regulated entities who fail to take these steps to comprehensively address the 

risks, hazards, and inequities in their workplaces will be considered out of compliance with the law and, 

depending upon the agency and the substantive law it is enforcing, subject to remedial action. But 

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employers, unions, and others who follow the Department’s Plan/Prevent/Protect strategy will assure 

compliance with employment laws before Labor Department enforcement personnel arrive at their 

doorsteps. Most important, they will assure that workers get the safe, healthy, diverse, family-friendly, and 

fair workplaces they deserve. 

Openness and Transparency: Tools for Achieving Compliance 

 Greater openness and transparency continues to be central to the Department’s compliance and 

regulatory strategies. The fall 2010 regulatory plan demonstrates the Department’s continued 

commitment to conducting the people’s business with openness and transparency, not only as good 

government and stakeholder engagement strategies, but as important means to achieve compliance with 

the employment laws administered and enforced by the Department. Openness and transparency will not 

only enhance agencies’ enforcement actions but will encourage greater levels of compliance by the 

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

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

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

Good Jobs for Everyone. 

Worker Protection Responsiveness 

 The Department believes Plan/Prevent/Protect and increased Openness and Transparency will result 

in gradual improvements to worker health and safety. However, when the Department identifies specific 

hazards and risks to worker health, safety, security or fairness, we will utilize our regulatory powers to 

limit the risk to workers. The fall 2010 regulatory plan includes examples of such regulatory initiatives to 

address such specific concerns. 

 MSHA is planning several regulatory initiatives to respond to specific health and safety needs of 

workers: (1) MSHA plans to issue an emergency temporary standard (ETS) covering the Maintenance of 

Incombustible Content of Rock Dust in Underground Coal Mines, (2) MSHA advanced the publication 

date for the proposed rule covering Examinations of Work Areas in Underground Coal Mines from March 

2011 to October 2010, and (3) MSHA decided not to publish a request for information on Safety and 

Health Management Programs for Mines and is instead planning to hold a series of public meetings in 

October 2010 followed by the publication of a proposed rule in June 2011. 

 OSHA plans to issue a proposed rule that will update fatality and catastrophe reporting requirements 

so the Agency receives more timely information on a broader range of catastrophic events, which will help 

OSHA conduct more responsive investigations. 

 Crystalline silica exposure is one of the most serious hazards workers face. OSHA and MSHA are 

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

enforcement of a comprehensive health standard. 

Occupational Safety and Health Administration (OSHA) 

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

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

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

hazards such as silica, beryllium, and emerging hazards such as food flavorings containing diacetyl place 

American workers at risk of serious disease and death and are initiatives on OSHA’s regulatory agenda. 

In addition to targeting specific hazards, OSHA is focusing on systematic processes that will modernize 

the culture of safety in America’s workplaces. 

Plan/Prevent/Protect 

Infectious Diseases 

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 OSHA is considering the need for regulatory action to address the risk to workers exposed to 

infectious diseases in healthcare and other related high-risk environments. The Agency is considering an 

approach that would combine elements of the Department’s Plan/Prevent/Protect strategy with 

established infection control practices. The Agency received strong stakeholder participation in response 

to its May 2010 request for information on infectious diseases and is currently reviewing the docket. 

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

Healthcare workplaces can range from small, private practices of physicians to hospitals that employ 

thousands of workers. In addition, healthcare is increasingly being provided in other settings such as 

nursing homes, free-standing surgical and outpatient centers, emergency care clinics, patients’ homes, 

and pre-hospitalization emergency care settings. OSHA is interested in all routes of infectious disease 

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

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

transmission of infectious diseases to both patients and healthcare workers may be occurring as a result 

of incomplete adherence to recognized, but voluntary, infection control measures. Another concern is the 

movement of healthcare delivery from the traditional hospital setting, with its greater infrastructure and 

resources to effectively implement infection control measures, into more diverse and smaller workplace 

setting with less infrastructure and fewer resources, but with an expanding worker population. 

Injury and illness Prevention Program (12P2) 

 OSHA’s I2P2 program is the prototype for the Department’s Plan/Prevent/Protect strategy. OSHA’s 

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

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

2010 and ending in August 2010. More than 200 stakeholders participated in these meetings, and in 

addition, nearly 300 stakeholders attended as observers. The proposed rule will explore requiring 

employers to provide their employees with opportunities to participate in the development and 

implementation of an injury and illness prevention program, including a systematic process to proactively 

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

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

and address the needs of special categories of workers (such as youth, aging, and immigrant workers). 

OSHA’s efforts to protect workers under the age of 18 will be undertaken in cooperation with the 

Department’s Wage and Hour Division, which has responsibility for enforcing the child labor provisions of 

the Fair Labor Standards Act. OSHA has substantial evidence showing that employers that have 

implemented similar injury and illness prevention programs have significantly reduced injuries and 

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

Management Guidelines and lessons learned from successful approaches and best practices that have 

been applied by companies participating in OSHA’s Voluntary Protection Program and Safety and Health 

Achievement Recognition Program, and similar industry and international initiatives. 

Addressing Targeted Hazards 

Silica 

 In order to target one of the most serious hazards workers face, OSHA is proposing to address worker 

exposures to crystalline silica through the promulgation and enforcement of a comprehensive health 

standard. Exposure to silica causes silicosis, a debilitating respiratory disease, and may cause cancer, 

other chronic respiratory diseases, and renal and autoimmune disease as well. Over 2 million workers are 

exposed to crystalline silica in general industry, construction, and maritime industries and workers are 

often exposed to levels that exceed current OSHA permissible limits, especially in the construction 

industry where workers are exposed at levels that exceed current limits by several fold. It has been 

estimated that between 3,500 and 7,000 new cases of silicosis arise each year in the U.S., and that 1,746 

workers died of silicosis between 1996 and 2005. Reducing these hazardous exposures through 

promulgation and enforcement of a comprehensive health standard will contribute to OSHA’s goal of 

reducing occupational fatalities and illnesses. As a part of the Secretary’s strategy for securing safe and 

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

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related to silica exposure in mines. 

Backing Operations 

 In order to target one of most serious hazards that construction workers face, OSHA is proposing to 

address worker exposures to the dangers inherent in backing operations through the promulgation and 

enforcement of a revised construction standard. NIOSH reports that half of the fatalities involving 

construction equipment occur while the equipment is backing. Backing accidents cause 500 deaths and 

15,000 injuries per year. Emerging technologies in the field of backing operations include after market 

devices, such as camera, radar, and sonar, 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) and magnetic field generators on equipment to detect electronic tags worn by workers. OSHA is 

developing this proposal in consultation with MSHA, which will issue an Emergency Temporary Standard 

concerning Proximity Detection. 

Openness and Transparency 

Hazard Communication 

 Hearings on OSHA’s proposal to modify its Hazard Communication standard have helped the agency 

to promote transparency in the communication of chemical hazard information. These hearings gathered 

information to assist OSHA in creating consistency between its current Hazard Communication standard 

(HCS) and the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals 

(GHS). This rulemaking involves changing the criteria for classifying health and physical hazards to 

require information regarding the severity of the hazard, a standardized order of information for safety 

data sheets, and adopting standardized labeling requirements that would be understandable for lowliteracy workers or those who do not speak English. The HCS covers over 945,000 hazardous chemical 

products in 7 million American workplaces and gives workers the “right to know” about chemical hazards 

to which they are exposed. OSHA and other Federal agencies have participated in long-term international 

negotiations to develop the GHS. Revising the HCS to be consistent with the GHS is expected to 

significantly improve the communication of hazards to workers in American workplaces, reducing 

exposures to hazardous chemicals, and reducing occupational illnesses and fatalities. 

Modernizing Recordkeeping 

 In the first half of this year, OSHA held informal meetings to gather information from experts and 

stakeholders regarding the modification of its current injury and illness data collection system that will 

help the agency, employers, employees, researchers, and the public prevent workplace injuries and 

illnesses, as well as support President Obama’s Open Government Initiative. Under the proposed rule, 

OSFIA will explore increasing its legal authority to require employers to electronically submit to the 

Agency any data required by part 1904 (Recording and Reporting Occupational Injuries). In addition it will 

set ongoing electronic submission requirements of data for a defined set of establishments. This two-part 

rule will give OSHA the flexibility to define the scope and frequency of data collection without having to 

undertake additional rulemakings. With OMB approval, OSHA will be able to conduct data collections 

ranging from the annual collection of data from a handful of employers to the real-time collection of all 

part 1904 data from all covered employers. In addition, OSHA will be able to request additional data 

elements that employers are not required to maintain, such as data on race and ethnicity, as a nonmandatory component of a given data collection. OSHA learned from stakeholders that most large 

employers already maintain their part 1904 data electronically; as a result, electronic submission will 

constitute a minimal burden on these employers, while providing a wealth of data to help OSHA, 

employers, employees, researchers, and the public prevent workplace injuries and illnesses. 

Mine Safety and Health Administration (MSHA) 

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

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

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Nation’s miners. The Department believes that every worker has a right to a safe and healthy workplace. 

Workers should never have to sacrifice their lives for their livelihood, and all workers deserve to come 

home to their families at the end of their shift safe and whole. MSHA’s approach to reducing workplace 

fatalities and injuries includes promulgating and enforcing mandatory health and safety standards. 

Plan/Prevent/Protect 

Safety and Health Management Programs for Mines 

 Year after year, many mines experience low injury and illness rates and low violation rates. For these 

mine operators, preventing harm to their miners is more than compliance with safety and health 

requirements; it reflects the embodiment of a culture of safety—from the CEO to the miner. This culture of 

safety derives from a commitment to an effective, comprehensive safety and health management 

program. Since compliance with safety and health standards is the responsibility of mine operators, 

MSHA plans to publish a proposed rule to require mine operators to develop comprehensive Safety and 

Health Management Programs for Mines. MSHA believes that operators with effective safety and health 

management programs would identify and correct hazards in a more timely manner, resulting in fewer 

accidents, injuries and illnesses. To help develop the proposal, MSHA held public meetings and gathered 

information from worker organizations, industry, academia, government, and safety and health 

professionals about model safety and health programs. 

Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety 

Standards 

 To complement the safety and health management programs proposed rule, MSHA also plans to 

issue a proposed rule to address section 303(d) of the Federal Mine Safety and Health Act that requires 

mine operators to conduct examinations, in areas where miners work or travel, for violations of mandatory 

health or safety standards. The proposal would assure that underground coal mine operators find and fix 

violations of mandatory health or safety standards, thereby improving health and safety for miners. 

Pattern of Violations 

 MSHA has determined that the existing pattern criteria and procedures contained in 30 CFR 

part 104 do not reflect the statutory intent for section 104(e) of the Federal Mine Safety and Health Act of 

1977 (Mine Act). The legislative history of the Mine Act explains that Congress intended the pattern of 

violations to be an enforcement tool for operators who have demonstrated a disregard for the health and 

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

substantial (S&S) violations, needlessly expose miners to the same hazards again and again. This 

indicates a serious safety and health management problem at a mine. The goal of the pattern of violations 

proposed rule is to compel operators to manage health and safety conditions so that the root causes of 

S&S violations are found and fixed before they become a hazard to miners. The proposal would reflect 

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

of violations criteria. 

Addressing Targeted Hazards 

Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines 

 To help prevent explosion hazards, MSHA issued an emergency temporary standard (ETS) 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, accumulations can propagate, increasing the 

severity of explosions. 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 bituminous coal 

mines. The ETS strengthens the protections for miners by reducing both the potential for and the severity 

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of coal mine explosions. 

Regulating Crystalline Silica Exposure 

 The Agency’s regulatory actions also exemplify a commitment to protecting the most vulnerable 

populations while assuring broad-based compliance. Health hazards are pervasive in both coal and 

metal/nonmetal mines (including surface and underground mines) and large and small mines. As 

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

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

can result in some miners developing silicosis, an irreversible but preventable lung disease, which 

ultimately may be fatal. In its proposed rule, MSHA plans to follow the recommendation of the Secretary 

of Labor’s Advisory Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers, 

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

limit for respirable crystalline silica. As another example of intra-departmental collaboration, MSHA 

intends to consider OSHA’s work on the health effects of occupational exposure to silica and OSHA’s risk 

assessment in developing the appropriate standard for the mining industry. 

Lowering Miners ‘Exposure to Coal Mine Dust, including Continuous Personal Dust Monitors 

 MSHA will continue its regulatory action related to preventing Black Lung disease. Data from the 

NIOSH indicate increased prevalence of coal workers pneumoconiosis (CWP) “clusters” in several 

geographical areas, particularly in the Southern Appalachian Region. MSHA published a notice of 

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

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

miners’ exposure to respirable dust. This strategy includes enhanced enforcement, education and 

training, and health outreach and collaboration. The major provisions of the proposal would lower the 

existing exposure limit from 2.0 mg/m3 to 1.0 mg/m3

 over a 2-year phase-in period, provide for single fullshift compliance sampling under both mine operator and MSHA inspector sampling programs, and 

establish sampling requirements for use of the continuous personal dust monitors. 

Proximity Detection Systems 

 MSHA will issue an emergency temporary standard (ETS) to address the grave danger 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 immediate action is 

necessary to protect miners. To date, in 2010, there have been 5 fatalities resulting from crushing and 

pinning accidents. Mobile equipment can pin, crush, or strike a miner working near the equipment. 

Proximity detection technology can prevent these types of accidents. Proximity detection systems can be 

installed on mining machinery to detect the presence of personnel or equipment within a certain distance 

of the machine. The ETS 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, OSHA will also undertake 

regulatory action related to reducing injuries and fatalities to workers in close proximity to moving 

equipment and vehicles. 

Wage and Hour Division (WHD) 

 The Wage and Hour Division is responsible for administering and enforcing a number of laws that 

establish the minimum standards for wages and working conditions in the United States. Collectively, 

these labor standards cover most private, state, and local government employment. 

Plan/Prevent/Protect 

Right To Know Under the Fair Labor Standards Act 

 WHD intends to publish a proposed rule updating the recordkeeping regulation issued under the Fair 

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Labor Standards Act (FLSA) to assist employers in planning to protect workers’ entitlement to wages that 

they have earned and bring greater transparency and openness to the workplace. The proposed rule 

would address notification of workers’ status as employees or some other status such as independent 

contractors, and whether that worker is entitled to the protections of the FLSA. The proposed rulemaking 

would also explore requiring employers to provide a wage statement each pay period to their employees. 

This greater transparency will provide workers with essential information about their employment status 

and earnings, consistent with the Secretary’s strategic vision. This greater transparency will in turn better 

ensure compliance by regulated entities and assist the Department with its enforcement efforts. This 

initiative contributes to the Department’s efforts to prevent misclassification that denies workers 

employment law protections to which they are entitled. 

As part of this Departmentwide initiative, OSHA’s Injury and Illness Prevention Program NPRM and 

OFCCP’s NPRM on Construction Contractor Affirmative Action Requirements, propose to also address 

employer analyses and worker notification as to whether an individual is an employee or is an 

independent business, volunteer, or trainee.

Office of Federal Contract Compliance Programs (OFCCP) 

 Through the work of the Office of Federal Contract Compliance Programs, DOL ensures that the 

contractors and sub-contractors doing business at over 200,000 establishments provide equal 

employment opportunities—a fair and diverse workplace. OFCCP ensures workers are recruited, hired, 

trained, promoted, terminated, and compensated in a non-discriminatory manner by Federal contractors 

and helps workers in the Federal contractor sector by strengthening affirmative action and by combating 

discrimination on the basis of race, color, religion, sex, national origin, disability, or status as a protected 

veteran. 

Construction Contractor Affirmative Action Requirements 

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

program requirements for Federal and federally assisted construction contractors and subcontractors. 

The proposed rule would strengthen the regulations that set forth the actions construction contractors are 

required to take to implement their affirmative action programs particularly in the areas of recruitment, 

training, and apprenticeships. OFCCP is coordinating with the Employment and Training Administration 

(ETA), which is developing a proposed regulation revising the equal opportunity regulatory framework 

under the National Apprenticeship Act. 

Employee Benefits Security Administration (EBSA) 

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

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

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

ERISA enacted in the Pension Protection Act of 2006, as well as new health coverage provisions under 

the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act). EBSA’s regulatory plan 

initiatives are intended to improve health benefits and retirement security for workers in every type of job 

at every income level. EBSA is charged with protecting approximately 150 million Americans covered by 

an estimated 708,000 private retirement plans, 2.6 million health plans, and similar numbers of other 

welfare benefit plans which together hold $5.2 trillion in assets. 

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

Act and other laws, such as the Mental Health Parity and Addiction Equity Act, to help provide better 

quality health care for American workers and their families. EBSA’s regulations reduce discrimination in 

health coverage, promote better access to quality coverage, and protect the ability of individuals and 

businesses to keep their current health coverage. Many regulations are joint rulemakings with the 

Departments of Health and Human Services and the Treasury. 

 Using regulatory changes to produce greater openness and transparency is an integral part of EBSA’s 

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contribution to a Departmentwide compliance strategy. These efforts will not only enhance EBSA’s 

enforcement toolbox but will encourage greater levels of compliance by the regulated community and 

enhance awareness among workers of their rights and benefits. Several proposals from the EBSA 

agenda expand disclosure requirements, substantially enhancing the availability of information to 

employee benefit plan participants and beneficiaries and employers, and strengthening the retirement 

security of America’s workers. 

Health Reform Implementation 

 These regulations require better disclosure to participants and beneficiaries regarding their health plan 

coverage. These disclosures must now provide new and better descriptions regarding: 

Certain enrollment opportunities and access to health coverage; rights to internal claims and appeals, and 

external review of health plan denials; access to providers; and a group health plan’s status as a 

grandfathered health plan, which affects consumer protections under the Patient Protection and 

Affordable Care Act. 

Enhancing participant protections 

 EBSA recently proposed amendments to its regulations to clarify the circumstances under which a 

person will be considered a “fiduciary” when providing investment advice to employee benefit plans and 

their participants and beneficiaries of such plans. The amendments would take into account current 

practices of investment advisers and the expectations of plan officials and participants who receive 

investment advice. This initiative is intended to assure retirement security for workers in all jobs 

regardless of income level by ensuring that financial advisers and similar persons are required to meet 

ERISA’s strict standards of fiduciary responsibility. 

Lifetime Income Options 

 In February 2010, EBSA published a request for information concerning steps it can take by 

regulation, or otherwise, to encourage the offering of lifetime annuities or similar lifetime benefits 

distribution options for participants and beneficiaries of defined contribution plans. EBSA recently held a 

hearing with the Department of the Treasury and Internal Revenue Service to further explore these 

possibilities during the fall 2010 regulatory cycle. This initiative is intended to assure retirement security 

for workers in all jobs regardless of income level by helping to ensure that participants and beneficiaries 

have the benefit of their plan savings throughout retirement. 

Promoting Openness and Transparency 

 In addition to its health care reform and participant protection initiatives, EBSA is pursuing a regulatory 

program that, as reflected in the Unified Agenda, is designed to encourage, foster, and promote 

openness, transparency, and communication with respect to the management and operations of pension 

plans, as well as participant rights and benefits under such plans. Among other things, EBSA will be 

issuing a final rule that will ensure that the participants and beneficiaries in participant-directed individual 

account plans are provided the information they need, including information about plan and investmentrelated fees and expenses, to make informed decisions about the management of their individual 

accounts and the investment of their retirement savings (RIN 1210-AB07); EBSA also will be issuing a 

proposed rule addressing the requirement that administrators of defined benefit pension plans annually 

disclose the funding status of their plan to the plan’s participants and beneficiaries (RIN l210-AB18). 

EBSA’s Unified Agenda also includes the publication of a proposed rule requiring the automatic furnishing 

of a statement to pension plan participants informing them of their accrued and vested pension benefits, 

as well as other information pertinent to their retirement security (RIN 1210-AB20). In addition, EBSA will 

be amending the disclosure requirements applicable to plan investment options, including Qualified 

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

associated with investments in target date funds (RIN 1210-AB38). A complete listing of EBSA’s 

regulatory initiatives (both Plan and non-Plan items) is provided in the Unified Agenda portion of this 

document. 

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Office of Labor-Management Standards (OLMS) 

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

Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The LMRDA promotes labormanagement transparency by requiring unions, employers, labor-relations consultants, and others to file 

reports that are publicly available. The LMRDA includes provisions protecting union member rights to 

participate in their union’s governance, to run for office and fully exercise their union citizenship, as well 

as procedural safeguards to ensure free and fair union elections. Besides enforcing these provisions, 

OLMS also ensures the financial accountability of unions, their officers and employees, through 

enforcement and voluntary compliance efforts. Because of these activities, OLMS better ensures that 

workers have a more effective voice in the governance of their unions, which in turn affords them a more 

effective voice in their workplaces. OLMS also administers certain provisions of Executive Order 13496 

that require Federal contractors to notify their employees concerning their rights under Federal labor laws. 

Openness and Transparency 

Persuader Agreements: Employer and Labor Consultant Reporting under the LMRDA 

 OLMS is proposing a regulatory initiative to provide workers with information critical to their effective 

participation in the workplace, both as union members and as employees. OLMS intends to propose 

regulations to better implement the public disclosure objectives of the LMRDA in situations where an 

employer engages a consultant in order to persuade employees concerning their rights to organize and 

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

with a consultant to persuade employees concerning their rights to organize and collectively bargain, or to 

obtain certain information concerning the activities of employees or a labor organization in connection 

with a labor dispute involving the employer. The consultant is also required to report such an agreement 

or arrangement with an employer. Statutory exceptions to these reporting requirements are set forth in 

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

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

is reconsidering the current policy concerning the scope of the “advice exception.” When workers have 

the necessary information about arrangements that have been made by their employer to persuade them 

whether or not to form, join or assist a union, they are better able to make a more informed choice about 

representation. 

Employment and Training Administration (ETA) 

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

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

information, and income maintenance services through its national network of One-Stop centers. The 

programs within ETA promote pathways to economic independence for individuals and families. Through 

several laws, ETA is charged with administering numerous employment and training programs designed 

to assist the American worker in developing the knowledge, skills, and abilities that are sought after in the 

21st century’s economy. 

Openness and Transparency 

Temporary Non Agricultural Employment of H-2B Aliens in the United States 

 As part of the Department’s labor certification responsibilities, ETA certifies whether U.S. workers 

capable of performing the jobs for which employers are seeking foreign workers are available and 

whether the employment of foreign workers will adversely affect the wages and working conditions of U.S. 

workers similarly employed. Through the Wage and Hour Division (WHD), the Department enforces 

compliance with the conditions of an H-2B petition and Department of Labor-approved temporary labor 

certification. 

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 The proposed rule seeks to ensure that only those employers who demonstrate a real temporary need 

for foreign workers will have access to the H-2B program. The proposed rule also will seek to provide 

U.S. workers with greater access to the jobs employers wish to fill with temporary H-2B workers through 

more robust recruitment by employers to demonstrate the unavailability of U.S. workers and through the 

creation of a national, electronic job registry. In addition, the Department is reviewing the current wage 

determination methodology to ensure that wages are not being adversely affected across industries and 

occupations. The proposed rule will explore strengthening existing worker protections, establishing new 

protections, and enhancing ETA program integrity measures and WHD enforcement to ensure adequate 

protections for both U.S. and H-2B workers. The proposal will include greater transparency and openness 

to provide U.S. workers with greater information and access to the job opportunities. 

Addressing Targeted Concerns of Workers 

Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations 

 The revision of the National Apprenticeship Act Equal Opportunity in Apprenticeship and Training 

(EEO) regulations is a critical element in the Department’s vision to promote and expand registered 

apprenticeship opportunities in the 21st Century while safeguarding the welfare and safety of all 

apprentices. In October 2008, ETA issued a final rule updating 29 CFR part 29, the regulatory framework 

for registration of apprenticeship programs and apprentices, and administration of the National 

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

1978. ETA proposes to update part 30 EEO in the Apprenticeship and Training regulations to ensure that 

they act in concert with the 2008 revised part 29 rule. The proposed EEO regulations also will further 

Secretary Solis’ vision of good jobs for everyone by ensuring that apprenticeship program sponsors 

develop and fully implement affirmative action efforts that provide equal opportunity for all applicants to 

apprenticeship and apprentices, regardless of race, gender, national origin, or disability. ETA is 

coordinating with OFCCP, which is developing a proposed regulation that would enhance the 

effectiveness of the affirmative action program requirements for Federal and federally assisted 

construction contractors and subcontractors. 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

10
The 19 Actions Described in the Regulatory Plan

Title

Regulation 

Identifier 

Number

Rulemaking 

Stage

Labor Certification Process and Enforcement for Temporary Employment in Occupations

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

Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations 1205-AB59 Proposed Rule Stage

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

Definition of "Fiduciary" 1210-AB32 Proposed Rule Stage

Infectious Diseases 1218-AC46 PreRule Stage

Injury and Illness Prevention Program 1218-AC48 PreRule Stage

Backing Operations 1218-AC52 PreRule Stage

Occupational Exposure to Crystalline Silica 1218-AB70 Proposed Rule Stage

Occupational Injury and Illness Recording and Reporting Requirements--Modernizing

OSHA's Reporting System 1218-AC49 Proposed Rule Stage

Hazard Communication 1218-AC20 Final Rule Stage

Respirable Crystalline Silica Standard 1219-AB36 Proposed Rule Stage

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

Monitors 1219-AB64 Proposed Rule Stage

Safety and Health Management Programs for Mines 1219-AB71 Proposed Rule Stage

Pattern of Violations 1219-AB73 Proposed Rule Stage

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

Proximity Detection Systems for Underground Mines 1219-AB65 Final Rule Stage

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

Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the

LMRDA 1245-AA03 Proposed Rule Stage

Construction Contractor Affirmative Action Requirements 1250-AA01 Proposed Rule Stage

Department of Labor (DOL) 

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

 View Related Documents

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

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

Abstract: The Department 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: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Regulatory Plan:

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

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

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

11
foreign workers. The proposed rule seeks to enhance worker protections and increase the availability of job opportunities to

qualified U.S. workers.

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

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

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

Department publishes the NPRM in the Federal Register. A final rule will be issued after analysis of, and response to, public

comments.

Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action are under development. The

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

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

changes are thought to raise "novel legal or policy issues" but are not economically significant within the context of Executive

Order 12866 and are not a "major rule" under section 804 for the Small Business Regulatory Enforcement Fairness Act.

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

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Dr. William L. Carlson 

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-AB59

 View Related Documents

Title: Equal Employment Opportunity in Apprenticeship and Training, 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

Regulatory Plan:

Statement of Need: Federal regulations for Equal Employment Opportunity (EEO) in Apprenticeship and Training have not

been updated since 1978. Updates to these regulations are necessary to ensure that DOL regulatory requirements governing

the National Registered Apprenticeship System are consistent with the current state of EEO law, the ADA, and recent revisions

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

12
to title 29 CFR part 29.

Legal Basis: These regulations are authorized by the National Apprenticeship Act of 1937 (29 U.S.C. 50) and the Copeland

Act (40 U.S.C. 276c). These regulations will set forth policies and procedures to promote equality of opportunity in

apprenticeship programs registered with the U.S. Department of Labor or in State Apprenticeship Agencies recognized by the

U.S. Department of Labor.

Alternatives: The public will be afforded an opportunity to provide comments on the proposed amendment to

Apprenticeship EEO regulations when the Department publishes a Notice of Proposed Rulemaking (NPRM) in the Federal

Register. A Final Rule will be issued after analysis and incorporation of public comments to the NRPM.

Costs and Benefits: The proposed changes are thought to raise "novel legal or policy issue" but are not economically

significant within the context of Executive Order 12866 and are not a "major rule" under Section 804 of the Small Business

Regulatory Enforcement Fairness Act.

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

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

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) 

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 income

arrangements designed to provide a stream of income after retirement.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

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

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None

Regulatory Plan:

Statement of Need: With a continuing trend away from defined benefit plans to defined contribution plans, employees are

not only increasingly responsible for the adequacy of their retirement savings, but also for ensuring that their savings last

throughout their retirement. Employees may benefit from access to and use of lifetime income or other arrangements that will

reduce the risk of running out of funds during the retirement years. However, both access to and use of such arrangements in

defined contribution plans is limited. The Department, taking into consideration recommendations of the ERISA Advisory Council

and others, intends to explore what steps, if any, it could or should take, by regulation or otherwise, to enhance the retirement

security of workers by increasing access to and use of such arrangements.

Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and

appropriate to carry out the provisions of title I of the Act.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

13
Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance

needed by the public.

Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate,

following a determination regarding the alternatives to be considered.

Risks: 

Timetable:

Action Date FR Cite

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 

Review Public Record 04/00/2011 

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-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: Proposed Rule

Major: Yes Unfunded Mandates: No

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

Legal Authority: 29 USC 1002; ERISA sec 3(21); 29 USC 1135; ERISA sec 505

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rulemaking is needed to bring the definition of "fiduciary" into line with investment advice

practices and to recast the current regulation to better reflect relationships between investment advisers and their employee

benefit plan clients. The current regulation may inappropriately limit the types of investment advice relationships that should

give rise to fiduciary duties on the part of the investment adviser.

Legal Basis: Section 505 of ERISA provides that the Secretary may prescribe such regulations as she finds necessary and

appropriate to carry out the provisions of title I of the Act. Regulation 29 CFR 2510.3-21(c) defines the term fiduciary for certain

purposes under section 3(21) of ERISA.

Alternatives: Alternatives will be considered following a determination of the scope and nature of the regulatory guidance

needed by the public.

Costs and Benefits: Preliminary estimates of the anticipated costs and benefits will be developed, as appropriate,

following a determination regarding the alternatives to be considered.

Risks: 

Timetable:

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

14
Action Date FR Cite

NPRM 10/22/2010 75 FR 65263 

NPRM Comment Period End 01/20/2011 

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) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC46

 View Related Documents

Title: Infectious Diseases

Abstract: Employees in health care and other high-risk environments face long-standing infectious diseases hazards such as

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

disease threats, such as Severe Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care workers and

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

SARS, MRSA, and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is concerned

about the ability of employees to continue to provide health care and other critical services without unreasonably jeopardizing

their health. OSHA is considering the need for a standard to ensure that employers establish a comprehensive infection control

program and control measures to protect employees from infectious disease exposures to pathogens that can cause significant

disease. Workplaces where such control measures might be necessary include: health care, emergency response, correctional

facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased

risk of exposure to potentially infectious people. A standard could also apply to laboratories which handle materials that may be

a source of pathogens, and to pathologists, coroners’ offices, medical examiners, and mortuaries. OSHA published an RFI on

May 6, 2010, the comment period closed on August 4, 2010. OSHA is currently analyzing the comments submitted by

stakeholders.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

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

Legal Authority: 5 USC 533; 29 USC 657 and 658; 29 USC 660; 29 USC 666; 29 USC 669; 29 USC 673; ...

Legal Deadline: None

Regulatory Plan:

Statement of Need: In 2007, the healthcare and social assistance sector as a whole had 16.5 million employees.

Healthcare workplaces can range from small private practices of physicians to hospitals that employ thousands of workers. In

addition, healthcare is increasingly being provided in other settings such as nursing homes, free-standing surgical and

outpatient centers, emergency care clinics, patients’ homes, and prehospitalization emergency care settings. The Agency is

particularly concerned by studies that indicate that transmission of infectious diseases to both patients and healthcare workers

may be occurring as a result of incomplete adherence to recognized, but voluntary, infection control measures. Another concern

is the movement of healthcare delivery from the traditional hospital setting, with its greater infrastructure and resources to

effectively implement infection control measures, into more diverse and smaller workplace setting with less infrastructure and

fewer resources, but with an expanding worker population.

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

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

U.S.C. 651).

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

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

15
Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite

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

RFI Comment Period End 08/04/2010 

Analyze Comments 12/00/2010 

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. FP Building Room N-3718

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC48

 View Related Documents

Title: Injury and Illness Prevention Program

Abstract: OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves

planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. OSHA has

substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes. The

Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904-3916), 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. Twelve States have similar rules.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

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

Legal Authority: 29 USC 653; 29 USC 655(b); 29 USC 657

Legal Deadline: None

Regulatory Plan:

Statement of Need: There are approximately 5,000 workplace fatalities and approximately 3.5 million serious workplace

injuries every year. There are also many workplace illnesses caused by exposure to common chemical, physical, and biological

agents. OSHA believes that an injury and illness prevention program is a universal intervention that can be used in a wide

spectrum of workplaces to dramatically reduce the number and severity of workplace injuries. Such programs have been shown

to be effective in many workplaces in the United States and internationally.

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

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

U.S.C. 651).

Alternatives: The alternatives to this rulemaking would be to issue guidance, recognition programs, or allow for the states to

develop individual regulations. OSHA has used voluntary approaches to address the need, including publishing Safety and

Health Program Management Guidelines in 1989. In addition, OSHA has two recognition programs, the Voluntary Protection

Program (known as VPP), and the Safety and Health Achievement Recognition Program (known as SHARP). These programs

recognize workplaces with effective safety and health programs. Several States have issued regulations that require employers

to establish effective safety and health programs.

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

16
regulatory action.

Risks: A detailed risk analysis is underway.

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 Guidance

Department of Labor

Occupational Safety and Health Administration

200 Constitution Avenue NW. FP Building Room N-3718

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-AC52

 View Related Documents

Title: Backing Operations

Abstract: NIOSH reports that half of the fatalities involving construction equipment occur while the equipment is backing.

Backing accidents cause 500 deaths and 15,000 injuries per year. Emerging technologies in the field of backing operations

include after market devices, such as camera, radar, and sonar, 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) and magnetic field

generators on equipment to detect electronic tags worn by workers.

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

Regulatory Plan:

Statement of Need: A study by the Census of Fatal Occupational Injuries found that the most common primary sources of

injury to be trucks (45%), road grading and surfacing machinery (15%), and cars (15%). That same study showed that of the

465 vehicle and equipment-related fatalities within work zones, 318 workers on foot were struck by a vehicle. Incidents

involving backing vehicles were prominent among the worker-on-foot fatalities that occurred (51%). The primary injury sources

of fatalities of workers on foot struck by a construction vehicle were trucks (61%) and construction machines (30%). OSHA

believes that regulatory action is necessary to address risks associated with backup operations.

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

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

U.S.C. 651).

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

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

Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite

RFI 05/00/2011 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

17
Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

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-AB70

 View Related Documents

Title: Occupational Exposure to Crystalline Silica

Abstract: Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are

exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational

disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of

respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible

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

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

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

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

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

to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials

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. OSHA is currently developing a

NPRM.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit

the Code of Federal Regulations ) 

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

Legal Deadline: None

Regulatory Plan:

Statement of Need: Workers are exposed to crystalline silica dust in general industry, construction, and maritime

industries. Industries that could be particularly affected by a standard for crystalline silica include: Foundries, industries that

have abrasive blasting operations, paint manufacture, glass and concrete product manufacture, brick making, china and pottery

manufacture, manufacture of plumbing fixtures, and many construction activities including highway repair, masonry, concrete

work, rock drilling, and tuckpointing. The seriousness of the health hazards associated with silica exposure is demonstrated by

the fatalities and disabling illnesses that continue to occur. In 2005, the most recent year for which data is available, silicosis

was identified on 161 death certificates as an underlying or contributing cause of death. It is likely that many more cases have

occurred where silicosis went undetected. In addition, the International Agency for Research on Cancer has designated

crystalline silica as carcinogenic to humans, and the National Toxicology Program has concluded that respirable crystalline

silica is a known human carcinogen. Exposure to crystalline silica has also been associated with an increased risk of developing

tuberculosis and other nonmalignant respiratory diseases, as well as renal and autoimmune diseases. Exposure studies and

OSHA enforcement data indicate that some workers continue to be exposed to levels of crystalline silica far in excess of current

exposure limits. Congress has included compensation of silicosis victims on Federal nuclear testing sites in the Energy

Employees' Occupational Illness Compensation Program Act of 2000. There is a particular need for the Agency to modernize its

exposure limits for construction and shipyard workers, and to address some specific issues that will need to be resolved to

propose a comprehensive standard.

Legal Basis: The legal basis for the proposed rule is a preliminary determination that workers are exposed to a significant

risk of silicosis and other serious disease and that rulemaking is needed to substantially reduce the risk. In addition, the

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

18
proposed rule will recognize that the PELs for construction and maritime are outdated and need to be revised to reflect current

sampling and analytical technologies.

Alternatives: Over the past several years, the Agency has attempted to address this problem through a variety of nonregulatory approaches, including initiation of a Special Emphasis Program on silica in October 1997, sponsorship with NIOSH

and MSHA of the National Conference to Eliminate Silicosis, and dissemination of guidance information on its Web site.

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

development.

Risks: A detailed risk analysis is under way.

Timetable:

Action Date FR Cite

Completed SBREFA Report 12/19/2003 

Initiated Peer Review of Health Effects and Risk Assessment 05/22/2009 

Completed Peer Review 01/24/2010 

NPRM 04/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

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. FP Building Room N-3718

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

 View Related Documents

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

Regulatory Plan:

Statement of Need: The collection of establishment specific injury and illness data in electronic format on a timely basis is

needed to help OSHA, employers, employees, researchers, and the public more effectively prevent workplace injuries and

illnesses, as well as support President Obama's Open Government Initiative to increase the ability of the public to easily find,

download, and use the resulting dataset generated and held by the Federal Government.

Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to develop and maintain an

effective program of collection, compilation, and analysis of occupational safety and health statistics (29 U.S.C. 673).

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

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

19
Risks: Analysis of risks is still under development.

Timetable:

Action Date FR Cite

Stakeholder Meetings 05/25/2010 75 FR 24505 

Comment Period End 06/18/2010 75 FR 24505 

NPRM 09/00/2011 

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-AC20

 View Related Documents

Title: Hazard Communication

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regulatory Plan:

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

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

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

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

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

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

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

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

20
trade. This is particularly important for small producers who may be precluded currently from international trade because of the

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

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

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

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

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

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

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

U.S.C. 651).

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

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

Risks: OSHA's risk analysis is under development.

Timetable:

Action Date FR Cite

ANPRM 09/12/2006 71 FR 53617 

ANPRM Comment Period End 11/13/2006 

Complete Peer Review of Economic Analysis 11/19/2007 

NPRM 09/30/2009 74 FR 50279 

NPRM Comment Period End 12/29/2009 

Hearing 03/02/2010 

Hearing 03/31/2010 

Post Hearing Comment Period End 06/01/2010 

Final Action 08/00/2011 

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. FP Building Room N-3718

Washington , DC 20210 

Phone: 202 693-1950 

FAX: 202 693-1678

E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Mine Safety and Health Administration ( MSHA ) RIN: 1219-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 percent 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 56 to 57; 30 CFR 70 to 72; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

21
Legal Authority: 30 USC 811; 30 USC 813

Legal Deadline: None

Regulatory Plan:

Statement of Need: MSHA standards are outdated; current regulations may not protect workers from developing silicosis.

Evidence indicates that miners continue to develop silicosis. MSHA's proposed regulatory action exemplifies the agency's

commitment to protecting the most vulnerable populations while assuring broad-based compliance. MSHA will regulate based

on sound science to eliminate or reduce the hazards with the broadest and most serious consequences. MSHA intends to use

OSHA’s work on the health effects and risk assessment, adapting it as necessary for the mining industry.

Legal Basis: Promulgation of this standard is authorized by sections 101 and 103 of the Federal Mine Safety and Health Act

of 1977.

Alternatives: This rulemaking would improve health protection from that afforded by the existing standards. MSHA will

consider alternative methods of addressing miners' exposures based on the capabilities of the sampling and analytical methods.

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

Risks: For over 70 years, toxicology information and epidemiological studies have shown that exposure to respirable

crystalline silica presents potential health risks to miners. These potential adverse health effects include simple silicosis and

progressive massive fibrosis (lung scarring). Evidence indicates that exposure to silica may cause cancer. MSHA believes that

the health evidence forms a reasonable basis for reducing miners' exposure to respirable crystalline silica.

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

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: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

22
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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 75; 30 CFR 90 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 30 USC 811; 30 USC 813(h)

Legal Deadline: None

Regulatory Plan:

Statement of Need: Comprehensive respirable dust standards for coal mines were designed to reduce the incidence, and

eventually eliminate, CWP and silicosis. While significant progress has been made toward improving the health conditions in our

Nation's coal mines, miners remain at risk of developing occupational lung disease, according to NIOSH. Recent NIOSH data

indicates increased prevalence of CWP "clusters" in several geographical areas, particularly in the Southern Appalachian

Region.

Legal Basis: Promulgation of this regulation is authorized by the Federal Mine Safety and Health Act of 1977 as amended

by the Mine Improvement and New Emergency Response Act of 2006.

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

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

Risks: Respirable coal dust is one of the most serious occupational hazards in the mining industry. Occupational exposure to

excessive levels of respirable coal mine dust can cause coal workers’ pneumoconiosis and silicosis, which are potentially

disabling and can cause death. MSHA is pursuing both regulatory and nonregulatory actions to eliminate these diseases

through the control of coal mine respirable dust levels in mines and reduction of miners’ exposure. MSHA developed a risk

assessment to accompany the proposed rule.

Timetable:

Action Date FR Cite

NPRM 10/19/2010 75 FR 64412 

Hearings 11/15/2010 75 FR 69617 

NPRM-Rescheduling of Public Hearings; Correction 11/30/2010 75 FR 73995 

Post Hearing Comment Period End 02/28/2011 

NPRM Comment Period End 02/28/2011 

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: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

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

 View Related Documents

Title: Safety and Health Management Programs for Mines

Abstract: MSHA held public meetings and gathered information and suggestions from the mining community on effective,

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

23
comprehensive safety and health management programs, including programs used in the mining industry. MSHA will use all

information received to develop 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: Proposed Rule

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

Regulatory Plan:

Statement of Need: Mining is one of the most hazardous industries in this country. Yet year after year, many mines

experience low injury and illness rates and low violation rates. For these mine operators, preventing harm to their miners is

more than compliance with safety and health requirements; it reflects an embodiment of a culture of safety--from CEO to the

miner to the contractor. This culture of safety derives from a commitment to a systematic, effective, comprehensive

management of safety and health at mines with full participation of all miners. MSHA believes requiring effective safety and

health management programs in mining will create a sustained industry-wide effort to eliminate hazards and will result in the

prevention of injuries and illnesses.

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

as amended by the Mine Improvement and New Emergency Response Act of 2006.

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

and preventing injuries and illnesses.

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

Risks: The lack of a comprehensive safety and health management program contributes to a higher incidence of injury and

illness rates and higher violation rates.

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@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 proposed 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 be used for operators who have demonstrated a disregard for the health and safety of miners. The proposal would reflect

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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

24
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 30 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 814(e); 30 USC 957

Legal Deadline: None

Regulatory Plan:

Statement of Need: The pattern of violations provision was a new enforcement tool in the Mine Act. The Mine Act places

the ultimate responsibility for ensuring the safety and health of miners on mine operators. The goal of the pattern of violations

proposed rule is to compel operators to manage health and safety conditions so that the root causes of S&S violations are

found and fixed before they become a hazard to miners. MSHA's existing regulation is not consistent with the language,

purpose, and legislative history of the Mine Act and hinders the Agency's use of pattern of violations to identify chronic violators

who thumb their noses at the law by a continuing cycle of citation and abatement.

Legal Basis: Promulgation of this standard is authorized by sections 104(e) and 957 of the Federal Mine Safety and Health

Act of 1977.

Alternatives: MSHA will consider alternative criteria for determining when a pattern of significant and substantial violations

exists in order to improve health and safety conditions in mines and provide protection for miners. Congress provided the

Secretary with broad discretion in determining criteria, recognizing that MSHA may need to modify the criteria as Agency

experience dictates.

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

Risks: Mine operators with a chronic history of persistent serious violations needlessly expose miners to the same hazards

again and again. These operators demonstrate a disregard for the safety and health of miners; this indicates a serious safety

and health management problem at the mine. The existing regulation has not been effective in reducing repeated risks to

miners at these mines.

Timetable:

Action Date FR Cite

NPRM 01/00/2011 

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: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

25
potential for a coal mine explosion.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed 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, 864

Legal Deadline: None

Regulatory Plan:

Statement of Need: MSHA determined that a revised standard for "Maintenance of Incombustible Content of Rock Dust" is

necessary to immediately protect underground coal miners from hazards of coal dust explosions. This determination is based

on: (1) MSHA's accident investigation reports of mine explosions in intake air courses that involved coal dust (Dubaniewicz

2009); (2) the National Institute for Occupational Safety and Health's Report of Investigations 9679 (Cashdollar et al. 2010),

"Recommendations for a New Rock Dusting Standard to Prevent Coal Dust Explosions in Intake Airways"; and (3) MSHA's

experience and data.

Legal Basis: Promulgation of this standard is authorized by section 101(b) of the Federal Mine Safety and Health Act of

1977.

Alternatives: MSHA will consider revisions to the ETS, based on public comments received during the rulemaking process.

Costs and Benefits: MSHA estimates that the ETS would result in approximately $22.0 million in yearly costs for the

underground bituminous coal mining industry. The ETS provides additional safety protection for miners in underground

bituminous coal mines from the explosion hazard of coal and other dusts. MSHA estimates that, on average, the ETS would

prevent approximately 1.5 deaths every year and would prevent one additional injury about every 4 years.

Risks: Based on NIOSH's data and recommendations, and MSHA's data and experience, the Secretary determined that

miners are exposed to grave danger in areas of underground bituminous coal mines that are not properly and sufficiently rock

dusted in accordance with the requirements in this ETS.

Timetable:

Action Date FR Cite

Emergency Temporary Standard 09/23/2010 75 FR 57849 

Hearing 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: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

Department of Labor (DOL) 

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

 View Related Documents

Title: Proximity Detection Systems for Underground Mines

Abstract: 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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

26
working near mobile equipment in underground mines. MSHA has concluded, from investigations of accidents involving mobile

equipment and other reports, that immediate action is necessary to protect miners. To date, in 2010, there have been five

fatalities resulting from crushing and pinning accidents. 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 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 Mine Safety and Health

Administration will undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving

equipment and vehicles.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 30 USC 811

Legal Deadline: None

Regulatory Plan:

Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killed

resulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent

accidents that cause debilitating injuries and accidental death.

Legal Basis: Promulgation of this standard is authorized by section 101(b) of the Federal Mine Safety and Health Act of

1977 as amended by the Mine Improvement and New Emergency Response Act of 2006.

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

and preventing injuries.

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

Risks: The lack of proximity detection systems on mobile equipment in underground mines contributes to a higher incidence

of debilitating injuries and accidental deaths.

Timetable:

Action Date FR Cite

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

Comment Period Ended 04/02/2010 

Emergency Temporary Standard 03/00/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Agency Contact: Patricia W. Silvey 

Director, Office of Standards, Regulations, and Variances

Department of Labor

Mine Safety and Health Administration

1100 Wilson Boulevard Room 2350

Arlington , VA 22209-3939 

Phone: 202 693-9440 

FAX: 202 693-9441

E-Mail: silvey.patricia@dol.gov

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.

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

27
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

Regulatory Plan:

Statement of Need: The recordkeeping regulation issued under the Fair Labor Standards Act (FLSA), 29 CFR part 516,

specifies the scope and manner of records covered employers must keep that demonstrate compliance with minimum wage,

overtime, and child labor requirements under the FLSA, or the records to be kept that confirm particular exemptions from some

of the Act’s requirements may apply. This proposal intends to update the recordkeeping requirements to foster more openness

and transparency in demonstrating employers’ compliance with applicable requirements to their workers, to better ensure

compliance by regulated entities, and to assist in enforcement. In addition, the proposal intends to update the requirements for

live-in domestic employees and, to clarify that the mandatory manual preparation of "homeworker" handbooks applies only to

employers of employees performing homework in the restricted industries.

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

Alternatives: Alternatives will be developed in considering proposed revisions to the current recordkeeping requirements.

The public will be invited to provide comments on the proposed revisions and possible alternatives.

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

proposed rule.

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

Timetable:

Action Date FR Cite

NPRM 04/00/2011 

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: Montaniel Navarro 

Fair 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 Labor Management Standards ( OLMS ) RIN: 1245-AA03

 View Related Documents

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

Abstract: The Department intends to publish 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: Undetermined 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

Regulations.gov Monday, December 20, 2010 The Regulatory Plan

28
Regulatory Plan:

Statement of Need: The Department of Labor is proposing a regulatory initiative to better implement the public disclosure

objectives of the Labor-Management Reporting and Disclosure Act (LMRDA) regarding employer-consultant agreements to

persuade employees concerning their rights to organize and bargain collectively. Under LMRDA section 203, an employer must

report any agreement or arrangement with a third party consultant to persuade employees as to their collective bargaining rights

or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute

involving the employer. The consultant also is required to report concerning such an agreement or arrangement with an

employer. Statutory exceptions to these reporting requirements are set forth in LMRDA section 203(c), which provides, in part,

that employers and consultants are not required to file a report by reason of the consultant's giving or agreeing to give "advice"

to the employer. The Department believes that its current policy concerning the scope of the "advice exception" is overbroad

and that a narrower construction would better allow for the employer and consultant reporting intended by the LMRDA.

Regulatory action is needed to provide workers with information critical to their effective participation in the workplace.

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

CFR part 405 and 29 CFR part 406.

Alternatives: Alternatives will be developed and considered in the course of notice and comment rulemaking.

Costs and Benefits: Anticipated costs and benefits of this proposed regulatory initiative have not been assessed and will

be determined at a later date, as appropriate.

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

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

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 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

Regulatory Plan:

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Statement of Need: The regulations implementing construction contractor affirmative action obligations under Executive

Order 11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and

racial minorities continue to exist in on-site construction occupations in the construction industry. The NPRM would remove

outdated regulatory provisions, propose a new method for establishing affirmative action goals, and propose other revisions to

the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction

industry today.

Legal Basis: This action is not required by statute or court order. Legal Authority: Sections 201, 202, 205, 211, 301, 302,

and 303 of E.O. 11246, as amended, 30 FR 12319: 32 FR 14303, as amended by E.O. 12086.

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

Costs and Benefits: There may be some additional costs to contractors as a result of the increased scope of required

actions. The benefits would likely include increased diversity in construction workplaces and increased opportunities for women

and minorities to get on-site construction jobs. More detailed cost and benefit analyses will be made as the NPRM is

developed.

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

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: Undetermined

Related RINs: Previously Reported as 1215-AB81

Agency Contact: Sandra M. Dillon 

Deputy Director, Division of Policy, Planning and Program Development

Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue NW. N3422

Washington , DC 20210 

Phone: 202 693-0102 

TDD Phone: 202 693-1337

FAX: 202 693-1304

E-Mail: ofccp-public@dol.gov

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