### DEPARTMENT OF LABOR Fall 2011 Statement of Regulatory Priorities

The Department of Labor’s fall 2011 agenda continues Secretary Solis’ vision of Good Jobs for Everyone. It also renews the Labor Department ’s commitment to efficient and effective regulation through the review and modification of our existing regulations, consistent with Executive Order 13563 (“E.O. 13563”).

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

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

 Assure workers are paid their wages and overtime;

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

 Provide workplace flexibility for fa mily and personal care-giving;

 Improve health benefits and retirement security for all workers; and

 Assure workers have a voice in the workplace.

The Department continues to use a variety of mechanisms to achieve the goal of Good Jobs for Everyone , including increased enforcement actions, increased education and outreach, and regulatory actions that foster compliance. At the same time, the Department is enhancing the efficiency and effectiveness of its efforts throu gh targeted regulatory actions designed to improve compliance while reducing regulatory burdens. The Department’s Plan/Prevent/Protect and Openness and Transparency compliance strategies and the implementation of E.O. 13563 create unifying themes that seek to foster a new calculus that strengthens protec tions for workers. By requiring employers and other regulated entities to take full ownership over their adherence to Department regulations and promoting greater openness and transparency to put workers in a better position to judge whether their workplace is one that values health and safety, work-life balance, and diversity, the Department seeks to significantly increase compliance. The increased

### effectiveness of this compliance strategy will enable the Department to achieve the Good Jobs for Everyone goal in a regulatory environment that is more efficient and less burdensome.

Plan/Prevent/Protect Compliance Strategy

The Department has already published several regulatory actions toward the completion of requirements that employers develop programs to address specific issues of worker protection, security, and equity. Some of these issues have included controlling the spread of infectious diseases, examining work areas in underground coal mines for mandatory violations, and identifying patterns of violations in mines. The co llection of regulatory actions in the Department’s Plan/Prevent/Protect strategy is designed to ens ure employers and other regulated entities are in full compliance with the law every day, not just wh en Department inspecto rs come calling. As announced with the spring 2010 regulatory agenda, this strategy requires employers and other regulated entities to:

"Plan" : Create a plan for identifying and remediating ri sks of legal violations and other risks to workers; for example, a plan to inspect their workpl aces for safety hazards t hat might injure or kill workers. Workers will be given opportunities to parti cipate in the creation of the plans. In addition, the plans would be made available to worker s so they can fully understand them and help to monitor their implementation.

"Prevent" : Thoroughly and completely implement t he plan in a manner that prevents legal violations. The plan cannot be a mere paper proc ess. 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, may be subject to remedial action. However, employers, unions,

### and others who follow the Department's Plan/Prev ent/Protect strategy will assure compliance with employment laws before Labor Departm ent enforcement personnel arrive at theirdoorsteps. Most important, they will assure that workers get the safe, healthy, diverse, familyfriendly, and fair workplaces they deserve.

In the fall 2011 regulatory agenda, the Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), and the Office of Federal Contract Compliance Programs (OFCCP) will all propose regulatory actions furthering the Department’s implementation of the Plan/Prevent/Protect strategy.

Openness and Transparency: Tools for Achieving Compliance

Greater openness and transparency continues to be central to the Department's compliance and regulatory strategies. The fall 2011 regulat ory plan demonstrates the Department's continued commitment to conducting the people's business with openness and transparency, not only as good Government and stakeholder eng agement 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 b enefits. When employers, unions, workers, advocates, and members of the public have gr eater 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 improvements to worker healt h and safety. However, when the Department identifies specific hazards and risks to worker heal th, safety, security, or fairness, we will utilize our regulatory powers to limit the risk to wo rkers. The fall 2011 regulatory plan includes examples of such regulatory initiatives to address such specific concerns.

MSHA is planning regulatory initiatives to respond to specific health and safety needs of workers: (1) MSHA plans to finalize the stand ard Lowering Miners’ Exposure to Coal Mine Dust, including Continuous Personal Dust Monitors in April 2012; and (2) MSHA plans to finalize the rule covering Examinations of Wo rk Areas in Underground Coal Mines in March

2012.

Workers across many industries face serious hazards from vehicles perform backing maneuvers and from equipment that can pin, crush, or strike. OSHA and MSHA will both publish regulatory actions concerning these hazards.

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.

Retrospective Review of Existing Rules

Pursuant to section 6 of Executive Orde r 13563 “Improving Regulation and Regulatory Review” (Jan. 18, 2011), the following Regula tory Identifier Numbers (RINs) have been identified as associated with retrospective re view and analysis in the Department’s final retrospective review of regulations plan. Some of these entries on this list may be completed

### actions, which do not appear in The Regulatory Plan. However, more information can be found about these completed rulemakings in past public ations of the Unified Agenda on Reginfo.gov in the Completed Actions section for that agen cy. These rulemakings can also be found on Regulations.gov. The final agency plans can be found at: http://www.dol.gov/regul ations/EO13563Plan.pdf

Regulatory Identifier

Number Title of Rulemaking Whether It Is Expected to Significantly Reduce

Burdens on Small

Businesses

1218-AC20 Hazard Communication Yes

1218-AC34 Bloodborne Pathogens No

1218-AC64; 1218-AC65 Updating OSHA Standards

Based on National Consensus Standards—Acetylene and Personal Protective Equipment No

1218-AC67 Standard Improvement Project—Phase IV (SIP IV) To be determined

1218-AC75 Cranes and Derricks in

Construction: Revision to Digger Derricks’ Requirements No

1218-AC74 Review/Lookback of OSHA

Chemical Standards To be determined

1219-AB72 Criteria and Procedures for To be determined

### Proposed Assessment of Civil Penalties (Part 100)

1250-AA05 Sex Discrimination Guidelines To be determined

1210-AB47 Amendment of Abandoned Plan Program Yes

1205-AB59 Equal Employment Opportunity in Apprenticeship and Training, Amendment of Regulations To be determined

The fall 2011 regulatory agenda aims to achieve more efficient and less burdensome regulation through our renewed commitment to c onduct retrospective re views of regulations. On January 18, 2011, the President issued Exec utive Order (E.O.) 13563 entitled “Improving Regulation and Regulatory Review.” The E.O. aims to “strike the right balance” between what is needed to protect health, welfare, safety, and the environment for all Americans, and what we need to foster economic growth, job creation, and competitiveness.

In August 2011, as part of a Governm entwide response to E.O. 13563, the Department published its Plan for Retrospective Analysis of Ex isting Rules, which identifies several burdenreducing review projects. Fo r example, OSHA’s Standards Im provement Project III (SIP III) rulemaking achieved a 1.9 million burden hour redu ction, and we anticipate that OSHA’s SIP IV project will similarly yield savings for employ ers. OSHA’s Hazard Communication/Globally Harmonized System for Classification and Lab eling of Chemicals proposal has estimated savings for employers ranging from $585 million to $792.7 million. Based on preliminary estimates, EBSA’s Abandoned Plan Program amendments may redu ce costs by approximately

### $1.12 million. These projects estimate monetized savings that would eliminate roughly between $580 to $790 million in annual regulatory burdens.

The Plan also formalizes the development of this semiannual regulatory agenda as a system through which the Department identifie s potential regulations for review. This regulatory agenda provides public notice of the Depa rtment’s intention to initiate or continue work on approximately 10 review projects; more than 13 percent of all of the Department’s planned regulatory actions.

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 injuri es and adverse health effects, and communicatewith the regulated community regarding hazards and how to effectively control them. Longrecognized health hazards and emerging hazards place American workers at risk of serious

disease and death and are initiatives on OSHA's regulatory agenda. In addition to targeting specific hazards, OSHA is focusing on systematic processes that will modernize the culture of safety in America's workplaces and retrospective review projects that will update regulations and reduce burdens on regulated communities. OSHA’s retrospective review projects under

E.O.13563 include consideration of the Bloodbo rne Pathogens standard, updating consensus standards, phase IV of OSHA’s standard improv ement project (SIP IV), and reviewing various permissible exposure levels.

Plan/Prevent/Protect

Infectious Diseases

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

to infectious diseases in healthcare and other related high-risk environments. OSHA is

### interested in all routes of infectious disease transmission in healthcare settings not already covered by its bloodborne pathogens standard (e.g. contact, droplet, and airborne). The Agency is particularly concerned by studies t hat indicate that transmission of infectious diseases to both patients and healthcare worker s may be occurring as a result of incomplete adherence to recognized, but voluntary, infection control measures. The Agency is considering an approach that would combine elements of t he Department’s Plan/Prevent/Protect strategy with established infection control practi ces. The Agency received strong stakeholder participation in response to its May 2010 reque st for information and July 2011 stakeholder meetings.

In 2007, the healthcare and social assistance sector as a whole had 16.5 million employees. Healthcare workplaces can range from small, pr ivate practices of physicians to hospitals that employ thousands of workers. In addition, heal thcare is increasingly being provided in other settings such as nursing homes, free-standing su rgical and outpatient centers, emergency care clinics, patients’ homes, and pre-hospitalization emergency care settings. OSHA is concerned with the movement of healthcare delivery from t he traditional hospital setting, with its greater infrastructure and resources to effectively impl ement infection control measures, into more diverse and smaller workplace settings with less in frastructure and fewer resources, but with an expanding worker population.

Injury and illness Prevention Program (12P2)

OSHA’s Injury and Illness Prevention Pr ogram is the prototype for the Department’s Plan/Prevent/Protect strategy. OSHA’s first st ep in this important rulemaking was to hold stakeholder meetings. Stakeholder meetings were held in East Brunswick, New Jersey; Dallas, Texas; Washington, DC; and Sacramento, California, beginning in June 2010 and ending in August 2010. More than 200 stakeholders part icipated in these meetings, and in addition, nearly 300 stakeholders attended as observer s. The proposed rule will explore requiring

### employers to provide their employees with opportu nities to participate in the development and implementation of an injury and illness preventio n program, including a systematic process to proactively and continuously address workplace safety and health hazards. This rule will involve planning, implementing, evaluating, and improving processes and activities that promote worker safety and health hazards. OS HA has substantial evidence showing that employers that have implemented similar in jury 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 Man agement Guidelines and lessons learned from successful approaches and best practices that have been applied by companies participating in OSHA’s Voluntary Protection Program and Safety and Health Achievement Recognition Program, and similar industry and international initiatives.

Openness and Transparency

Modernizing Recordkeeping OSHA held informal meetings to gather information from experts and stakeholders regarding the modification of its current injury and illnes s data collection system that will help the agency, employers, employees, researchers, and the public prevent workplace injuries and illnesses, as well as support President Obama's Open Government Initiative. Under the proposed rule, OSHA will explore requiring employers to electr onically submit to the Agency data required by part 1904 (Recording and Reporting Occupational Injuries). The proposed rule will enable OSHA to conduct data collections ranging from the periodic collection of all part 1904 data from a handful of employers to the annual collection of summary data from many employers. OSHA

learned from stakeholders that most large employers already maintain their part 1904 data electronically; as a result, electronic submission will constitute a minimal burden on these employers, while providing a wealth of data to help OSHA, employers, employees, researchers, and the public prevent workplace injuries and illnesses. The proposed rule also does not add to or change the recording criteria or definitions in part 1904. The proposed rule only modifies employers’ obligations to transmit information from these records to OSHA.

### Whistleblower Protection Regulations The ability of workers to speak out and exercise their legal rights without fear of retaliation is essential to many of the legal protections and safeguards that all Americans value. Whether the goal is the safety of our food, drugs, or wo rkplaces, the integrity of our financial system, or the security of our transportation systems, wh istleblowers have been esse ntial to ensuring that our laws are fully and fairly executed. In the fall regulatory agenda, OSHA proposes to issue procedural rules that will establish consis tent and transparent procedures for the filing of whistleblower complaints under eight statutes. They include procedures for handling employee retaliation complaints filed under the:

 National Transit System Security Act, and Federal Railroad Safety Act, as amended by the Implementing Recommendations of the 9/11 Commission Act

 Surface Transportation Assistance Act, as amended by the Implementing

Recommendations of the 9/11 Commission Act

 Consumer Product Safety Improvement Act

 Consumer Financial Protection Act of 2010, and section 1057 of the Dodd-Frank Wall

Street Reform and Consumer Protection Act of 2010

 Sarbanes Oxley Act, as amended by section 922 (b) and (c) and section 929A of the DoddFrank Wall Street Reform and Consumer Protection Act

 Affordable Care Act

 Seaman’s Protection Act

 FDA Food Safety Modernization Act

These procedural rules will strengthen OSHA’s enforcement of its whistleblower program by providing specific timeframes and guidance for filing a complaint with OSHA, issuing a finding, avenues of appeal, and allowable remedies. OSHA is committed to its whistleblower program and to ensuring that all America’s work ers have a voice in the workplace.

### Addressing Targeted Hazards

Silica

In order to target one of the most seri ous 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 sili ca causes silicosis, a debilitating respiratory disease, and may cause cancer, other chronic respiratory diseases, and renal and autoimmune

disease as well. The seriousness of the health hazards associated with silica exposure is demonstrated by the large number of fatalities and disabling illne sses that continue to occur. Over 2 million workers are exposed to crystalline silica in general industry, construction, and maritime industries. Reducing these hazardous exposures through promulgation and enforcement of a comprehensive health standard will contribute to OSHA’s goal of reducing occupational fatalities and illnesses. As a part of the Secretary’s strategy for securing safe and healthy workplaces, MSHA will also utilize in formation provided by OSHA to undertake regulatory action related to silica exposure in mines.

Preventing Backover Injuries and Fatalities

Workers across many industries face a serious hazard when vehicles perform backing maneuvers, especially vehicles with an obstru cted view to the rear. OSHA is collecting information on this hazard and researching emerging technologies that may help to reduce this risk. NIOSH reports, for example, that one- half of the fatalities involving construction equipment occur while the equipment is backi ng. Backing accidents cause at least 60 occupational deaths per year. Emerging technologies that address the risks of backing operations include cameras, radar, and sonar—to help view or detect the presence of workers on foot in blind areas—and new monitoring technology, such as tag-based warning systems that use radio frequency (RFID) and magnet ic field generators on equipment to detect electronic tags worn by workers. Along with MSHA, which is developing regulations concerning Proximity Detection Systems, and based on inform ation collected and the Agency’s review and

### research, the Agency may consider rulemaking as an appropriate measure to address this source of employee risk.

E.O. 13563

Hazard Communication/Globally Harmonized System for Classification and Labeling of

Chemicals The proposed modifications in its NP RM concerning the HCS are expected to benefit employers in two primary ways. First, the harm onization of hazard classifications, safety data sheet (SDSs) formats, and warning labels will yiel d substantial savings to businesses, once the standard is fully implemented. On the producer side, fewer di fferent SDSs will have to be produced for affected chemicals, and many SDSs will be able to be produced at lower cost due to harmonization and standardization. Second, fo r users, OSHA expects that they will see reductions in operating costs due to the decreas ed number of SDSs, the standardization of

SDSs that will make it easier to locate in formation and determine handling requirements, and other factors related to simplification and uniformity that will improve workplace efficiency. Finally, OSHA estimates that the revisions to the HCS will result in reductions in the cost of training employees on the HCS in future perio ds because standardized SDS and label formats will reduce the amount of time needed to familiarize employees with the HCS and fewer systems will have to be taught since all prod ucers will be using the same system.

OSHA’s preliminary estimate is that es tablishing a harmonized system for the classification and labeling of chemicals will create a substa ntial annualized savings for employers ranging from $585 million to $792.7 million. The majority of these benefits will be realized through increases in productivity for health and safety m anagers, as well as for logistics personnel with savings ranging from $475.2 million to $569 million. Simplifying requirements for hazard communication training are estimated to provi de savings up to $285.3 million. Additionally, establishing uniform safety data sheets and labels will save between $16 million and $32.2

### million. OSHA plans to publish the final rule in 2012. This rulemaking is economically significant with an estimated annual cost of over $200 million.

Bloodborne Pathogens OSHA will undertake a review of the Bloodborne Pathogen Standard in accordance with the requirements of the Regulatory Flexibility Act, se ction 5 of Executive Order 12866, and E.O. 13563. The review will consider the continued need for the rule; whether the rule overlaps, duplicates, or conflicts with other Federal, St ate or local regulations; and the degree to which technology, economic conditions, or other factors may have changed since the rule was

evaluated.

Updating OSHA Standards Based on National Co nsensus Standards--Acetylene and Personal Protective Equipment Standards Under section 6(a) of the OSH Act, during the first 2 years of the Act, the Agency was directed to adopt national consen sus standards as OSHA standar ds. In the more than 40 years since these standards were adopted by OSHA, the organizations responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA has not revised its regulations to reflect later editions of the consensus standards. This project is part of a multi- year project to update OSHA standards that are

based on consensus standards.

Standard Improvement Project--Phase IV (SIP IV) OSHA’s Standards Improvement Projects (SIPs) are intended to remove or revise duplicative, unnecessary, and inconsistent safety and health standards. The Agency has published three earlier final standards to remove unnecessary provisions, thus reducing costs or paperwork burden on affected employers. T he Agency believes that these standards have reduced the compliance costs and eliminated or reduced the paperwork burden for a number of its standards. The Agency only considers such chan ges to its standards so long as they do not

### diminish employee protections. The Agency is in itiating a fourth rulemaking effort to identify unnecessary or duplicative provisions or paperwork requirements that is limited solely to its

construction standards in 29 CFR 1926.

Cranes and Derricks in Construction: Revision to Digger Derricks’ Requirements OSHA published its final Cranes and De rricks in Construction Standard in August 2010. Edison Electric Institute (EEI) filed a petition for review challenging several aspects of the standard, including the scope of the exemption for digger derricks. As part of the settlement agreement with EEI, OSHA agreed to publish a dire ct final rule expanding the scope of a partial exemption for work by digger derricks. In t he direct final rule, OSHA will revise the scope provision on digger derricks as an exemption for all work done by digger derricks covered by subpart V of 29 CFR 1926.

Review-Lookback of OSHA Chemical Standards The majority of OSHA’s Permissible Exposure Limits (PELs) were adopted in 1971 under section 6(a) of the OSH Act, and only a few hav e been successfully updated since that time. There is widespread agreement among industry , labor, and professional occupational safety and health organizations that OSHA’s PELs are out dated and need revising in order to take into

account newer scientific data that indicates t hat significant occupational health risks exist at levels below OSHA’s current PELs. In 1989, OSHA issued a final standard that lowered PELs

for over 200 chemicals and added PELs for 164. However, the final rule was challenged and ultimately vacated by the 11 th 

### Circuit Court of Appeals in 1991 citing deficiencies in OSHA’s analyses. Since that time, OSHA has made attempts to examine its outdated PELs in light of the Court’s 1991 decision. Most recently, OS HA sought input through a stakeholder meeting and web forum to discuss various approaches t hat might be used to addr ess its outdated PELs. As part of the Department’s Regulatory Review and Lookback Efforts, OSHA is developing a Request for Information (RFI), seeking input from the public to help the Agency identify effective ways to address occupational exposure to chemicals.

### Mine Safety and Health Administration (MSHA)

The Mine Safety and Health Administrati on is the worker protection agency focused on the prevention of death, disease, and injury from mi ning and the promotion of safe and healthful workplaces for the Nation’s miners. The Department believes that every worker has a right to a safe and healthy workplace. Workers should never have to sacrifice their lives for their livelihood, and all workers deserve to come home to their families at the end of their shift safe and whole. MSHA’s approach to reducing workplace fatalities and injuries includes promulgating and enforcing mandatory health and safety standards. MS HA’s retrospective review projects under E.O.13563 addresses revi sing the process for proposing civil penalties.

Plan/Prevent/Protect

Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards MSHA 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, to address violations of standard s. The final rule would assure that underground coal mine operators find and fix violations during pre-shift, supplemental, on-shift, and weekly examinations, thereby improvi ng health and safety for miners.

Respirable Crystalline Silica Standard The Agency’s regulatory actions also exemplify a commitment to protecting the most vulnerable populations while assuring broad-bas ed 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 cr ystalline silica can result in so me miners developing silicosis, an irreversible but preventable lung disease, which ul timately may be fatal. In its proposed rule, MSHA plans to follow the recommendations of t he Secretary of Labor’s Advisory Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers, the National Institute for Occupational Safety and Health (NIOSH), and othe r groups to address the exposure limit for respirable crystalline silica. As another exampl e 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.

Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines MSHA published a proposed rule to addres s the danger that miners face when working near continuous mining machines in underground coal mines. MSHA has concluded, from investigations of accidents involving mobile equipment and other reports, that action was necessary to protect miners. From 1984 to 2011, there have been 31 fatalities resulting from crushing and pinning accidents involving continuous mining machines. Continuous mining machines can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these ty pes of accidents. Proximity detection systems can be installed on mining machinery to detect the presence of personnel or equipment within a certain distance of the machine. The rule would strengthen t he protection for underground miners by reducing the potential for pinning, crushing, or striki ng hazards associated with working close to continuous mining machines.

Proximity Detection Systems for Mobile Machines in Underground Mines

MSHA plans to publish a proposed rule to require underground coal mine operators to equip shuttle cars, coal hauling machines, continuous haulage systems, and scoops with proximity detection systems. Miners working near these machines face pinning, crushing, and striking

### hazards that have resulted, and continue to result, in accidents involving life threatening injuries and death. The proposal would strengthen protections for miners by reducing the potential for pinning, crushing, or striking accidents in underground mines.

Openness and Transparency

Pattern of Violations MSHA has determined that the existing pa ttern criteria and procedures contained in 30 CFR part 104 do not reflect the statutory intent fo r 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) violat ions, needlessly expose miners to the same hazards again and again. This indicates a serious safety and health management problem at a mine. The goal of the pattern of violations final rule is to compel operators to manage health and safety conditions so that the root causes of S&S violations are found and fixed before they become a hazard to mi ners. The final rule would reflect statutory intent, simplify the pattern of violations criteria , and improve consistency in applying the pattern

of violations criteria.

MSHA developed an online service that enables mine operators, miners, and others to monitor a mining operation to determine if the mine could be approaching a potential pattern of violations. The web tool contains the specific criteria that MSHA uses to review a mine for a potential pattern of violations. The pattern of violations monitoring tool promotes openness and transparency in government.

Notification of Legal Identity The existing requirements do not provide sufficient information for MSHA to identify all of the

### mine ‘‘operators’’ responsible for operator safety and health obligations under the Federal Mine Safety and Health Act of 1977, as amended. This proposed regulation would expand the information required to be submitted to MSHA to create more transparent and open records that would allow the Agency to better identif y and focus on the most egregious or persistent violators and more effectively deter future viol ations by imposing penalties and other remedies

on those violators.

Addressing Targeted Hazards

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 preval ence of coal workers pneumoconiosis (CWP) “clusters” in several geographical areas, par ticularly 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 regulat ory 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 trai ning, and health outreach and collaboration.

E.O. 13563

Criteria and Procedures for Proposed As sessment of Civil Penalties (Part 100) MSHA plans to publish a proposed rule to revise the process for proposing civil penalties. The assessment of civil penalties is a key compon ent in MSHA’s strategy to enforce safety and health standards. The Congress intended that the imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take necessary action to prevent safety and health hazards be fore they occur. MSHA believes that the procedures for assessing civil penalties can be revised to improve the efficiency of the Agency’s efforts and to facilitate the resolution of enforcement issues.

### Office of Federal Contract Compliance Programs (OFCCP)

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

contractors and subcontra ctors doing business with the Federal Government at nearly 200,000

establishments take affirmative action to crea te fair and diverse workplaces. OFCCP also combats discrimination based on race, color, religio n, sex, national origin, disability, or status as a protected veteran by ensuring that Federa l contractors recruit, hire, train, promote, terminate, and compensate workers in a non- discriminatory manner. DOL, through OFCCP, protects workers, promotes divers ity and enforces civil rights laws.

Plan/Prevent/Protect

Construction Contractor Affirmative Action Requirements

OFCCP will publish a proposed rule that would enhance the effectiveness of the affirmative action programs of Federal and federally assist ed construction contractors and subcontractors. The proposed rule would strengt hen affirmative action programs particularly in the areas of recruitment, training, and apprenticeships. The proposed rule would also provide contractors and subcontractors the tools to assess their prog ress and appropriately tailor their affirmative action plans. The proposed rule would also allow contractors and subcontractors to focus on their affirmative action obligations earlier in the contracting process. OFCCP is coordinating with the Employment and Training Administra tion (ETA), which is developing a proposed regulation revising the equal opportunity regulatory framework under the National Apprenticeship Act.

E.O. 13563

Sex Discrimination Guidelines

### The Office of Federal Contract Compli ance Programs (OFCCP) is charged with enforcing Executive Order 11246, as amended, which pr ohibits Federal Government contractors and subcontractors from discriminating against indi viduals in employment on the basis of race, color, sex, religion, or national origin, and requires them to take affirmative action. OFCCP regulations at 41 CFR part 60-20 set forth the interpretations and guidelines for implementing Executive Order 11246, as amended, in regard to promoting and ensuring equal opportunities for all persons employed or seeking empl oyment with Government contractors and subcontractors without regard to sex. This nondiscrimination requirement also applies to

contractors and subcontract ors performing under federally assist ed construction contracts. The guidance in part 60-20 is more than 30 years ol d and warrants a regulatory lookback. OFCCP will issue a Notice of Proposed Rulemaking to cr eate sex discrimination regulations that reflect

the current state of the law in this area.

Employee Benefits Security Administration (EBSA)

The Employee Benefits Security Administ ration (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 Pr otection Act of 2006, as well as new health coverage provisions under the Patient Prot ection and Affordable Care Act of 2010 (the Affordable Care Act). EBSA’s regulatory plan initiatives are intended to improve health benefits and retirement security for workers in every type of job at every income level. EBSA is charged with protecting approximately 140 million Americ ans covered by an estimated 718,000 private retirement plans, 2.5 million health plans, and si milar numbers of other welfare benefit plans, which together hold $6.7 trillion in assets.

EBSA will continue to issue guidance impl ementing the health reform provisions of the Affordable Care Act to help provide better quality health care for American workers and their

### families. EBSA's regulations reduce discriminatio n in health coverage, promote better access to quality coverage, and protect the ability of i ndividuals and businesses to keep their current health coverage. Many regulations are joint rulemakings with the Departments of Health and Human Services and the Treasury.

Using regulatory changes to produce greater openness and transparency is an integral part of EBSA's contribution to a departmentwide complia nce strategy. These efforts will not only

enhance EBSA's enforcement toolbox but will encour age greater levels of compliance by the regulated community and enhance awareness among workers of their rights and benefits. Several proposals from th e EBSA agenda expand disclosure requi rements, substantially enhancing the availability of information to em ployee benefit plan participants and beneficiaries and employers, and strengthening the retirement security of America's workers. EBSA’s retrospective review project under E.O.1 3563 is Abandoned Plan Program amendments.

Addressing Targeted Issues of Employee Benefits

Health Reform Implementation Since the passage of health care reform, EBSA has helped put the employment-based health provisions into action . Working with HHS and Treasu ry, EBSA has issued regulations covering issues such as the elimination of pr eexisting condition exclusions for children under age 19, internal and external appeals of benefit deni als, the extension of coverage for children up to age 26, and a ban on rescissions (which are retroactive terminations of health care coverage). These regulations will eventually impact up to 138 million Americans in employersponsored plans. EBSA will continue its wo rk in this regard, to ensure a smooth implementation of the legislation’s market reforms, minimizing disruption to existing plans and practices, and strengthening America’s health care system.

### Enhancing Participant Protections EBSA will re-propose amendments to its r egulations to clarify t he circumstances under which a person will be considered a "fiduciary" when providing inve stment advice to retirement plans and other employee benefit plans and partici pants 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 re ceive investment advice. This initiative is intended to assure retirement security for worker s in all jobs regardless of income level by ensuring that financial advisers an d similar persons are required to meet ERISA's standards of care when providing the investm ent advice that is relied upon by millions of plan sponsors and

workers.

Lifetime Income Options

EBSA, in 2010, published a request for information concerning steps it can take by regulation, or otherwise, to encourage the offering of lifetime annuities or similar lifetime benefit distribution options for participants and beneficiaries of defined contribution plans. EBSA also held a hearing with the Department of the Treasury and Internal Revenue Service to further explore these possibilities. This in itiative is intended to assure re tirement security for workers in all jobs regardless of income level by helping to ensure that participants and beneficiaries have the benefit of their plan savings throughout retirement. EBSA now has established a public record which supports further consideration or action in a number of areas including pension benefit statements, participant education, and fiduciary guidance. With regard to pension benefit statements specifically, EBSA is working on a proposed rule under ERISA section 105 that would require or facilitate the presentation of a participant’s accr ued benefits; i.e., the participant’s account balance, as a lifetime in come stream of payments, in addition to presenting the benefits as an account balance.

Promoting Openness and Transparency

### In addition to its health care reform and participant protection initiatives discussed above, EBSA is pursuing a regulatory program that, as re flected 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 w ill be issuing a final rule addressing the requirement that administrators of defined benef it pension plans annually disclose the funding status of their plan to the plan's participants and beneficiaries (RIN l210-AB18). In addition, EBSA will be finalizing amendments to the disclosure requirements applicable to plan investment options, including Qualified Default Investment Alternatives, to better ensure that participants understand the operations and risks associated with investments in target datefunds (RIN 1210-AB38). A complete listing of EBSA's regulatory initiatives (both Plan and nonPlan items) is provided in the Unified Agenda portion of this document.

E.O. 13563

Abandoned Plan Program Amendment In 2006, the Department published regulations that facilitate the termination and winding up of 401(k)-type retirement pl ans that have been abandoned by their plan sponsors. The regulation establishes a streamlined program u nder which plans are terminated with very limited involvement of EBSA regional offices. EBSA now has 6 years of experience with this program and believes certain changes would improv e the overall efficiency of the program and increase its usage.

EBSA intends to revise the regulations to expand the program to include plans of businesses in liquidation proceedings to reflect re cent changes in the U. S. Bankruptcy Code.

### The Department believes that this expansion ha s the potential to substantially reduce burdens on these plans and bankruptcy trustees. Plans of businesses in liquidation currently do not have the option of using the streamlined termi nation and winding-up procedures under the program. This is true even though bankruptcy trustees, pursuant to the Bankruptcy Code, can have a legal duty to administer the plan. Thus , bankruptcy trustees, who often are unfamiliar with applicable fiduciary requirements and plan-t ermination procedures, presently have little in the way of a blueprint or guide for efficient ly terminating and winding up such plans. Expanding the program to cover these plans will allow eligib le bankruptcy trustees to use the streamlined termination process to better discharge its obli gations under the law. The use of streamlined procedures will reduce the amount of time and e ffort it would take ordinarily to terminate and wind up such plans. The expansion also will elim inate Government filings ordinarily required of terminating plans. Participation in the program will reduce the overall co st of terminating and winding up such plans, which will result in larger benefit distributions to participants and beneficiaries in such plans.

EBSA preliminarily estimates that approximately 165 additional plan s will benefit from the amended abandoned plans regulation and accompanying clas s exemption. EBSA expects that

the cost burden redu ction that will result from this init iative will be approximately $1.12 million.

Please note that this preliminary estimate only reflects short-term burden reduction costs for bankruptcy trustees to terminate plans under the rule. EBSA expects substantial benefits will accrue to participants and beneficiaries cove red by these plans, because their account balances will be maximized for two primary reasons. First, prompt, efficient termination of these plans will eliminate future admin istrative expenses char ged to the plans that otherwise would diminish plan assets. Second, by following the sp ecific standards and procedures set forth in the rule, the Department expects that overall plan terminati on costs will be reduced due to increased efficiency.

Office of Labor-Management Standards (OLMS)

### The Office of Labor-Management Standa rds (OLMS) administers and enforces most provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). TheLMRDA promotes labor-management transparency by requiring unions, employers, laborrelations consultants, and others to file repor ts, which are publicly available. The LMRDA includes provisions protecting union member rights to participate in their union's governance, to run for office and fully exercise their union citi zenship, 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 offi cers and employees, through enforcement and voluntary compliance efforts. Because of these activities, OLMS better ensures that workers have a more effective voice in the governance of their unions, which in turn affords them a more effective voice in their workplaces. OLMS also administers Executive Order 13496, which requires Federal contractors to notify their empl oyees concerning their rights to organize and bargain collectively under Federal labor laws.

Openness and Transparency

Persuader Agreements: Employer and Labor Rela tions Consultant Reporting under the LMRDA OLMS published a proposed regulatory initiative in June 2011, which is a transparency regulation intended to provide workers with informat ion critical to their effective participation in the workplace. The proposed regulations would better implement the public disclosure objectives of the LMRDA in situations where an employer engages a consultant in order to persuade employees concerning their rights to organize and bargain collectively. Under LMRDA section 203, an employer must report any agreement or arrangement with a consultant to persuade employees concerning their rights to organize and collectively bargain, or to obtain certain information concerning activities of empl oyees or a labor organization in connection with a labor dispute involving the employer. The cons ultant 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 20 3(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 Departm ent in its proposal reconsidered the current policy concerning the scope of the “advice” ex ception. 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.

Form LM-30: Labor Organization Officer and Em ployee Conflict-of-Interest Reporting

OLMS published a final rule in October 2011 revising the Form LM-30 Labor Organization Officer and Employee Report, which discloses actu al or likely conflicts between the financial

interests of a union official and the interests of the union. In addition to seeking greater transparency of actual or likely conflicts of interest, this rule is also a burden reduction regulation.

Employment and Training Administration (ETA)

The Employment and Training Administ ration (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 inco me 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. ETA plans a retrospective review of the Rounding Rule for the Total Unemployment Rate Benefits Trigger.

### Addressing Targeted Concerns of Workers

Temporary Non Agricultural Employment of H-2B Aliens in the United States As part of the Department’s foreign labor certification responsibilitie s, 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 fo reign workers will adversely affect the wages and working conditions of U.S. workers sim ilarly employed. Through the Wage and Hour Division (WHD), the Departm ent enforces compliance with the conditions of an approved temporary labor certification.

This rulemaking seeks to ensure that only those employers who demonstrate a real temporary need for foreign workers will have access to H-2B workers. The rule also will seek to provide U.S. workers with greater access to the jobs employers wi sh to fill with temporary H-2B workers through more robust recruitment by empl oyers to demonstrate the unavailability of U.S. workers and through the creation of a national, elec tronic job registry. The rule will explore strengthening existing worker enforcement to ensure adequate protections for both U.S. and H2B workers. The rulemaking will include great er transparency and openness to provide U.S. workers with greater information and access to job opportunities.

E.O. 13563

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 elem ent in the Department’s vision to promote and expand registered apprenticeship opportunities in the 21 st 

### 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 fr amework 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 re gulations 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 ens uring that apprenticeship program sponsors develop and fully implement nondiscrimination and a ffirmative action efforts that provide equal opportunity for all applicants to apprenticeship and apprentices, regardless of race, gender, national origin, color, religion, or disability.The 20 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage Equal Employment Opportunity in Apprenticeship Amendment of Regulations 1205-AB59 Proposed Rule 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 Final Rule Stage

Definition of "Fiduciary" 1210-AB32 Proposed Rule Stage Infectious Diseases 1218-AC46 PreRule Stage Injury and Illness Prevention Program 1218-AC48 PreRule Stage Occupational Exposure to Crystalline Silica 1218-AB70 Proposed Rule Stage Improve Tracking of Workplace Injuries and Illnesses 1218-AC49 Proposed Rule Stage Hazard Communication 1218-AC20 Final Rule Stage Preventing Backover Injuries and Fatalities 1218-AC52 Completed Action Stage Respirable Crystalline Silica 1219-AB36 Proposed Rule Stage Criteria and Procedures for Proposed Assessment of Civil Penalties 1219-AB72 Proposed Rule Stage Proximity Detection Systems for Mobile Machines in Underground Mines 1219-AB78 Proposed Rule Stage Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors 1219-AB64 Final Rule Stage Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines 1219-AB65 Final Rule Stage Pattern of Violations 1219-AB73 Final Rule Stage Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards 1219-AB75 Final Rule Stage Revising Electrical Product Approval Regulations 1219-AB37 Completed Action Stage Safety and Health Management Programs for Mines 1219-AB71 Completed Action Stage Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA 1245-AA03 Final Rule Stage

Construction Contractors' Affirmative Action Requirements 1250-AA01 Proposed Rule Stage

Department of Labor (DOL) Employment and Training Administration ( ETA ) RIN: 1205-AB59

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Title: Equal Employment Opportunity in Apprenticeship Amendment of Regulations Abstract: Revisions to the equal opportunity regulatory framework for the National Apprenticeship Act are a critical element in the Department's vision to promote and expand Registered Apprenticeship opportunities in the 21st century while continuing to safeguard the welfare and safety of apprentices. In October 2008, the Agency issued a Final Rule updating regulations for Apprenticeship Programs and Labor Standards for Registration. These regulations, codified at title 29 Code of Federal Regulations (CFR) part 29, had not been updated since 1977. The companion regulations, 29 CFR part 30, Equal Employment Opportunity (EEO) in Apprenticeship and Training, have not been amended since 1978. The Agency now proposes to update 29 CFR part 30 to ensure that the National Registered Apprenticeship System is consistent and in alignment with EEO law, as it has developed since 1978, and recent revisions to 29 CFR part 29. This second phase of regulatory updates will ensure that Registered Apprenticeship is positioned to continue to provide economic opportunity for millions of Americans while keeping pace with these new requirements. Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 29 CFR 30 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 1, 50 Stat 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); Reorganization Plan No 14 of 1950, 64 Stat 1267 (5 USC app p 534) Legal Deadline: NoneRegulatory Plan: Statement of Need: Federal regulations for Equal Employment Opportunity (EEO) in Apprenticeship have not been updated since 1978. Updates to these regulations are necessary to ensure that DOL regulatory requirements governing the National Registered Apprenticeship System are consistent with the current state of EEO law and recent revisions to 29 CFR part 29. Legal Basis: These regulations are authorized by the National Apprenticeship Act of 1937 (29 U.S.C. 50) and the Copeland Act (40 U.S.C. 276c). These regulations will set forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the U.S. Department of Labor or in State Apprenticeship Agencies recognized by the U.S. Department of Labor.

Alternatives: The public will be afforded an opportunity to provide comments on the proposed amendment to Apprenticeship EEO regulations when the Department publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register. A Final Rule will be issued after analysis and incorporation of public comments to the NRPM.

Costs and Benefits: The proposed changes are thought to raise "novel legal or policy issues" but are not economically significant within the context of Executive Order 12866 and are not a "major rule" under section 804 of the Small Business Regulatory Enforcement Fairness Act.

Risks: This action does not affect the public health, safety, or the environment. Timetable: Action Date FR Cite NPRM 02/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: No Federalism: Yes Energy Affected: No Agency Contact: John V. Ladd Office of Apprenticeship Department of Labor Employment and Training Administration Room N5311, FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2796 FAX: 202 693 -3799 E-Mail: ladd.john@dol.gov

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

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Title: Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers) Abstract: The Department published a Notice of Proposed Rulemaking (NPRM) on March 18, 2011. The public comment period closed on May 17, 2011. The Department of Homeland Security (DHS) regulations require employers to apply for a temporary labor certification from the Department of Labor before H-2B petitions may be approved. DOL certifies that there are not sufficient U.S. worker(s) who are capable of performing the temporary services or labor at the time of an application for a visa, and that the employment of the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. This NPRM proposed to re-engineer the H-2B program in order to enhance transparency and strengthen program integrity and protections of both U.S. workers and H-2B workers.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 20 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101(a)(15)(H)(ii)(B)); 8 USC 1184(c)(1); 8 CFR 214.2(h) Legal Deadline: None Regulatory Plan: Statement of Need: The Department has determined that a new rulemaking effort is necessary for the H-2B program. Thepolicy 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 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), 8 U.S.C. 1184(c)(1), and 8 CFR 214.2(h).

Alternatives: The public was afforded an opportunity to provide comments on the proposed regulatory changes when the Department published the NPRM in the Federal Register. A final rule will be issued after analysis of, and response to, public comments.

Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action have been provided in the NPRM. The Department of Labor sought information on potential additional or actual costs from employers and other interested parties through the NPRM in order to better assess the costs and benefits of the proposed provisions of the program. The 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 03/18/2011 76 FR 15130 NPRM Comment Period End 05/17/2011 Final Rule 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Federalism: No Energy Affected: No Agency Contact: William L. Carlson Ph.D. Administrator, Office of Foreign Labor Certification Department of Labor Employment and Training Administration Room C-4312 FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -3010 E- Mail: carlson.william@dol.gov

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

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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: Action Date FR Cite NPRM 10/22/2010 75 FR 65263 NPRM Comment Period End 01/20/2011 Second NPRM 05/00/2012

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. Room N-5655, FP Building Washington , DC 20210 Phone: 202 693 -8500

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

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

Risks: Analysis of risks is still under development. Timetable: Action Date FR Cite Request for Information (RFI) 05/06/2010 75 FR 24835 RFI Comment Period End 08/04/2010 Analyze Comments 12/30/2010 Stakeholder Meetings 07/29/2011 Initiate SBREFA 03/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Energy Affected: No Agency Contact: Dorothy Dougherty Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration Room N-3641, FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2400 FAX: 202 693 -1641 E-Mail: dougherty.dorothy@dol.gov

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

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Title: Injury and Illness Prevention Program Abstract: OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. OSHA has substantial data on reductions in injuries and illnesses from employers who have implemented similar effective processes. The Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904 to 3916), published in 1989. An injury and illness prevention rule would build on these guidelines as well as lessons learned from successful approaches and best practices under OSHA's Voluntary Protection Program Safety and Health Achievement Recognition Program and similar industry and international initiatives such as American National Standards Institute/American Industrial Hygiene Association Z10 and Occupational Health and Safety Assessment Series 18001.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 29 USC 653; 29 USC 655(b); 29 USC 657 Legal Deadline: None 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 shownto be effective in many workplaces in the United States and internationally. Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651).

Alternatives: The alternatives to this rulemaking would be to issue guidance, recognition programs, or allow for the States to develop individual regulations. OSHA has used voluntary approaches to address the need, including publishing Safety and Health Program Management Guidelines in 1989. In addition, OSHA has two recognition programs, the Voluntary Protection Program (known as VPP), and the Safety and Health Achievement Recognition Program (known as SHARP). These programs recognize workplaces with effective safety and health programs. Several States have issued regulations that require employers to establish effective safety and health programs.

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

Risks: A detailed risk analysis is underway. Timetable: Action Date FR Cite Stakeholder Meetings 06/03/2010 Initiate SBREFA 01/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Small Entities Affected: Business Federalism: Undetermined Energy Affected: No Agency Contact: Dorothy Dougherty Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration Room N-3641, FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2400 FAX: 202 693 -1641 E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AB70

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Title: Occupational Exposure to Crystalline Silica Abstract: Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1968 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and shipyards (derived from ACGIH's 1970 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend 50μg/m3 and 25μg/m3 exposure limits, respectively, for respirable crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. ASTM International has published recommended standards for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance. Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 29 USC 655(b); 29 USC 657Legal 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 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 02/00/2012

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal Federalism: Yes Energy Affected: No Agency Contact: Dorothy Dougherty Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration Room N-3641, FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2400 FAX: 202 693 -1641 E-Mail: dougherty.dorothy@dol.gov

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

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Title: Improve Tracking of Workplace Injuries and Illnesses 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 andavailability 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.

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 NPRM 02/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Dorothy Dougherty Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration Room N-3641, FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2400 FAX: 202 693 -1641 E-Mail: dougherty.dorothy@dol.gov

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

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Title: Hazard Communication Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and training for employees. Within the United States (U.S.), there are other Federal agencies that also have requirements for classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g., specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in different nations. The diverse and sometimes conflicting national and international requirements can create confusion among those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important statements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major complianceburden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the extensive international trade in chemicals, there has been a long-standing effort to harmonize these requirements and develop a system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Countries are now adopting the GHS into their national regulatory systems. OSHA published the NPRM on September 30, 2009, and held public hearings in Washington, DC, and Pittsburgh, PA, in March 2010. The record closed on June 1, 2010. 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 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 02/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Federalism: Yes Energy Affected: No Agency Contact: Dorothy Dougherty Acting Director, Directorate of Evaluation and Analysis Department of Labor Occupational Safety and Health Administration Room N-3641, FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2400 FAX: 202 693 -1641E-Mail: dougherty.dorothy@dol.gov

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

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Title: Preventing Backover Injuries and Fatalities Abstract: Backing vehicles and equipment are common causes of struck-by injuries and can also cause caught between injuries when backing vehicles and equipment pin a worker against something else. NIOSH reports that 51 percent of workers on foot fatalities that occurred within a highway work zone involved backing vehicles. A British report found that nearly a quarter of vehicle-related deaths at work are caused by vehicles backing up. Emerging technologies in the field of operations include after market devices, such as cameras, radar, and ultrasonic devices, to help monitor the presence of workers on foot in blind areas, and new monitoring technology, such as tag-based warning systems, that use radio frequency (RFID) on equipment to detect electronic tags worn by workers. The use of spotters and internal traffic control plans can also make backing operations safer. The Occupational Safety and Health Administration (OSHA) is seeking comment on technological and non-technological solutions to prevent backover incidents. Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 29 USC 655(b) Legal Deadline: None Regulatory Plan: Statement of Need: Struck- by injuries and caught between injuries are two of the four leading causes of workplace fatalities. One study found that, from 2003 to 2007, 101 workers were killed by backing vehicles or mobile equipment in highway workzones. While backing incidents can prove fatal, workers can suffer severe, non-fatal injuries as well. A review of OSHA's IMIS database found that backing incidents can result in serious injury to the back and pelvis; fractured bones; concussion; amputation; and other injuries. OSHA believes that it is necessary to request information from those involved in backing operations and the general public to better understand how to prevent backing incidents. 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 Merged With RIN 1218-AC51 12/31/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Energy Affected: No Agency Contact: Jim Maddux Director, Directorate of Construction, Department of Labor Occupational Safety and Health Administration Room N-3468 FP Building 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -2020 FAX: 202 693 -1689 E-Mail: maddux.jim@dol.govDepartment of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB36

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Title: Respirable Crystalline Silica Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. The metal and nonmetal mining industry standard is based on the 1973 American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values formula: 10 mg/m3 divided by the percentage of quartz plus 2. Overexposure to crystalline silica can result in some miners developing silicosis, an irreversible but preventable lung disease, which ultimately may be fatal. The formula is designed to limit exposures to 0.1 mg/m3 (100 ug) of silica. NIOSH recommends a 50 ug/m3 exposure limit for respirable crystalline silica. MSHA will publish a proposed rule to address miners' exposure to respirable crystalline silica.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 811 Legal Deadline: None Regulatory Plan: Statement of Need: MSHA standards are outdated; current regulations may not protect workers from developing silicosis. Evidence indicates that miners continue to develop silicosis. MSHA's proposed regulatory action exemplifies the Agency's commitment to protecting the most vulnerable populations while assuring broad-based compliance. MSHA will regulate based on sound science to eliminate or reduce the hazards with the broadest and most serious consequences. MSHA intends to use OSHA's work on the health effects and risk assessment, adapting it as necessary for the mining industry. Legal Basis: Promulgation of this standard is authorized by section 101 of the Federal Mine Safety and Health Act of 1977.

Alternatives: This rulemaking would improve health protection from that afforded by the existing standards. MSHA will consider alternative methods of addressing miners' exposures based on the capabilities of the sampling and analytical methods.

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

Risks: For over 70 years, toxicology information and epidemiological studies have shown that exposure to respirable crystalline silica presents potential health risks to miners. These potential adverse health effects include simple silicosis and progressive massive fibrosis (lung scarring). Evidence indicates that exposure to silica may cause cancer. MSHA believes that the health evidence forms a reasonable basis for reducing miners' exposures to respirable crystalline silica. Timetable: Action Date FR Cite NPRM 05/00/2012

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

Small Entities Affected: Business; Governmental Jurisdictions Federalism: No Energy Affected: Undetermined RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209- 3939 Phone: 202 693 -9440 FAX: 202 693 -9441 E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB72

View Related DocumentsTitle: Criteria and Procedures for Proposed Assessment of Civil Penalties Abstract: MSHA will develop a proposed rule to revise the process for proposing civil penalties. The assessment of civil penalties is a key component in MSHA's strategy to enforce safety and health standards. The Congress intended that the imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take necessary action to prevent safety and health hazards before they occur. MSHA believes that the procedures for assessing civil penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues. Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 30 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 815; 30 USC 820; 30 USC 957 Legal Deadline: None Regulatory Plan: Statement of Need: Section 110(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act) requires MSHA to assess a civil penalty for a violation of a mandatory health or safety standard or violation of any provision of the Mine Act. The mine operator has 30 days from receipt of the proposed assessment to contest it before the Federal Mine Safety and Health Review Commission (Commission), an independent adjudicatory agency established under the Mine Act. A proposed assessment that is not contested within 30 days becomes a final order of the Commission. A proposed assessment that is contested within 30 days proceeds to the Commission for adjudication. The proposed rule would promote consistency, objectivity, and efficiency in the proposed assessment of civil penalties. When issuing citations or orders, inspectors are required to evaluate safety and health conditions and make decisions about the statutory criteria related to assessing penalties. The proposed changes in the measures of the evaluation criteria would result in fewer areas of disagreement and earlier resolution of enforcement issues. The proposal would require conforming changes to the Mine Citation/Order form (MSHA Form 7000-3). Legal Basis: Section 104 of the Mine Act requires MSHA to issue citations or orders to mine operators for any violations of a mandatory health or safety standard, rule, order, or regulation promulgated under the Mine Act. Sections 105 and 110 of the Mine Act provide for assessment of these penalties.

Alternatives: The proposal would include several alternatives in the preamble and requests comments on them.

Costs and Benefits: MSHA will prepare estimates of the anticipated costs and benefits in a preliminary regulatory economic analysis to accompany the proposed rule.

Risks: MSHA's existing procedures for assessing civil penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues. In the overwhelming majority of contested cases before the Commission, the issue is not whether a violation occurred. Rather, the parties disagree on the gravity of the violation, the degree of mine operator negligence, and other criterion. The proposed changes should result in fewer areas of disagreement and earlier resolution of enforcement issues, which should result in fewer contests of violations or proposed assessments. Timetable: Action Date FR Cite NPRM 02/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting 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: fontaine.roslyn@dol.gov

Department of Labor (DOL)Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB78

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Title: Proximity Detection Systems for Mobile Machines in Underground Mines Abstract: MSHA will develop a proposed rule to address the hazards that miners face when working near mobile equipment in underground mines. MSHA has concluded, from investigations or accidents involving mobile equipment and other reports, that action is needed to protect miner safety. Mobile equipment can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The proposed rule would strengthen the protection for underground miners by reducing the potential of pinning, crushing, or striking hazards associated with working close to mobile equipment. As part of the Secretary's strategy for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles. Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 811 Legal Deadline: None Regulatory Plan: Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killed resulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent accidents that cause debilitating injuries and accidental death. Legal Basis: Promulgation of this standard is authorized by section 101(a) of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006.

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

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

Risks: The lack of proximity detection systems on mobile equipment in underground mines contributes to a higher incidence of debilitating injuries and accidental deaths. Timetable: Action Date FR Cite Request for Information 02/01/2010 75 FR 5009 RFI Comment Period Ended 04/02/2010 NPRM 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Related RINs: Related to 1219 -AB65 Agency Contact: Roslyn B. Fontaine Acting 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: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB64

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Title: Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust MonitorsAbstract: 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 final rule is an important element in MSHA's Comprehensive Black Lung Reduction Strategy (Strategy) to "End Black Lung Now."

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 70; 30 CFR 71; 30 CFR 72; 30 CFR 75; 30 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 811; 30 USC 813(h) 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 will develop a regulatory economic analysis to accompany the final rule.

Risks: Respirable coal dust is one of the most serious occupational hazards in the mining industry. Occupational exposure to excessive levels of respirable coal mine dust can cause coal workers' pneumoconiosis and silicosis, which are potentially disabling and can cause death. MSHA is pursuing both regulatory and nonregulatory actions to eliminate these diseases through the control of coal mine respirable dust levels in mines and reduction of miners' exposure. MSHA developed a risk assessment to accompany the proposed rule. Timetable: Action Date FR Cite NPRM Comment Period End 02/28/2010 NPRM 10/19/2010 75 FR 64412 Notice of Public Hearings; Corrections 11/15/2010 75 FR 69617 NPRM-Rescheduling of Public Hearings; Correction 11/30/2010 75 FR 73995 Public Hearing 12/07/2010 Public Hearing 01/13/2011 Public Hearing 01/11/2011 NPRM Comment Period Extended 01/14/2011 76 FR 2617 Public Hearing 01/25/2011 Public Hearing 02/08/2011 Public Hearing 02/15/2011 Public Hearing 02/10/2011 Request for Comment 03/08/2011 76 FR 12648 NPRM Comment Period Extended 05/04/2011 76 FR 25277 NPRM Comment Period End 05/02/2011 NPRM Comment Period Extended 05/27/2011 76 FR 30878 NPRM Comment Period End 05/31/2011 NPRM Comment Period End 06/20/2011 Final Rule 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.msha.gov Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209- 3939 Phone: 202 693 -9440 FAX: 202 693 -9441 E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB65

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Title: Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines Abstract: The Mine Safety and Health Administration (MSHA) will develop a final rule to address hazards that miners face when working near continuous mining machines in underground coal mines. MSHA has concluded, from investigations of accidents involving continuous mining machines and other reports, that action is necessary to protect miners. Continuous mining machines can pin, crush, or strike a miner working near the equipment. Proximity detection technology can prevent these types of accidents. The final rule would strengthen the protection for underground coal miners by reducing the potential of pinning, crushing, or striking hazards associated with working close to continuous mining machines. As a part of the Secretary's strategy for securing safe and healthy workplaces, the OSHA will also undertake regulatory action related to reducing injuries and fatalities to workers in close proximity to moving equipment and vehicles. Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 75.1732 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 811 Legal Deadline: None Regulatory Plan: Statement of Need: Mining is one of the most hazardous industries in this country. Miners continue to be injured or killed resulting from pinning, crushing, or striking accidents involving mobile equipment. Equipment is available to help prevent accidents that cause debilitating injuries and accidental death. Legal Basis: Promulgation of this standard is authorized by section 101(a) of the Federal Mine Safety and Health Act of 1977, as amended by the Mine Improvement and New Emergency Response Act of 2006.

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

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

Risks: The lack of proximity detection systems on continuous mining machines in underground coal mines contributes to a higher incidence of debilitating injuries and accidental deaths. Timetable: Action Date FR Cite Request for Information (RFI) 02/01/2010 75 FR 5009 RFI Comment Period Ended 04/02/2010 NPRM 08/31/2011 76 FR 54163 Notice of Public Hearing 10/12/2011 76 FR 63238 NPRM Comment Period End 11/14/2011 Final Action 06/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: NoRIN Information URL: www.msha.gov/reginfo.htm Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209- 3939 Phone: 202 693 -9440 FAX: 202 693 -9441 E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB73

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Title: Pattern of Violations Abstract: MSHA is preparing a final rule to revise the Agency's existing regulation for pattern of violations contained in 30 CFR part 104. MSHA has determined that the existing pattern criteria and procedures do not reflect the statutory intent for section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) that operators manage health and safety conditions at mines so that the root causes of significant and substantial (S&S) violations are addressed before they become a hazard to the health and safety of miners. The legislative history of the Mine Act explains that Congress intended the pattern of violations tool to be used for operators who have demonstrated a disregard for the health and safety of miners. The final rule would reflect statutory intent, simplify the pattern of violations criteria, and improve consistency in applying the patterns of violations criteria. Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 814(e); 30 USC 957 Legal Deadline: None 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 508 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 develop a regulatory economic analysis to accompany the final 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 02/02/2011 76 FR 5719 NPRM Comment Period Extended 04/04/2011 76 FR 18467 NPRM Comment Period End 04/04/2011 NPRM Comment Period End 04/18/2011 Notice of Public Hearing and Extension of Comment Period 05/04/2011 76 FR 25277 Notice of Public Hearing and Extension of Comment Period 06/20/2011 76 FR 35801NPRM Comment Period End 06/30/2011 Comment Period End 08/01/2011 Final Action 04/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: http://www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209- 3939 Phone: 202 693 -9440 FAX: 202 693 -9441 E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB75

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Title: Examination of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards Abstract: In the ever changing mine environment, it is critical that hazardous conditions be recognized and abated quickly. Additionally, other conditions that could develop into a hazard if left uncorrected must also be eliminated. Operator examinations for hazards and violations of mandatory health or safety standards are mandated in the Mine Act and are a critical component of an effective safety and health program for underground mines. While this requirement was previously included in regulations, the 1992 final rule addressing ventilation in underground coal mines only included the requirement that the mine examiners look for hazardous conditions. The 1992 rule omitted from the standard the text taken from the Mine Act requiring examinations for violations of mandatory health or safety standards during preshift examinations. The final rule will revise existing standards for preshift, supplemental, on-shift, and weekly examinations to address violations of mandatory health or safety standards. Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 811; 30 USC 961 Legal Deadline: None Regulatory Plan: Statement of Need: Underground coal mines usually present harsh and hostile working environments, and the ventilation system is the most vital life support system in underground mining. A properly operating ventilation system is essential for maintaining a safe and healthful working environment. Examinations of work areas that include the ventilation system are the first line of defense for miners working in underground coal mines and are necessary to protect miners. Conditions in underground coal mines change rapidly--roof that appears adequately supported can quickly deteriorate and fall; stoppings can crush out and short-circuit air currents; conveyor belts can become misaligned or belt roller bearings can fail, resulting in an ignition source; and methane can accumulate in areas where it may not have been detected. Diligent compliance with safety and health standards and safety-conscious work practices provide a substantial measure of protection against mine accidents and emergencies. To assure optimum safety of miners, it is imperative that operators find violations of health or safety standards, correct them, and record corrective actions taken. Legal Basis: Promulgation of this regulation is authorized by sections 101 and 303 (d)(1) and (f) of the Federal Mine Safety and Health Act of 1977.

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

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

Risks: Failure to conduct adequate examinations to identify, report, and correct hazardous conditions and violations of healthand safety standards has resulted in serious accidents and fatalities. Lack of adequate ventilation in underground mines has resulted in fatalities from asphyxiation and explosions. Timetable: Action Date FR Cite NPRM 12/27/2010 75 FR 81165 NPRM Comment Period End 02/25/2011 NPRM Extension of Comment Period 03/01/2011 76 FR 11187 NPRM Comment Period End 03/28/2011 Notice of Public Hearing and Extension of Comment Period 05/04/2011 76 FR 25277 Notice of Public Hearing and Extension of Comment Period 06/20/2011 76 FR 35801 NPRM Comment Period End 06/30/2011 NPRM Comment Period End 08/01/2011 Final Action 03/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.msha.gov/regsinfo.htm Related RINs: Related to 1219 -AB71 Agency Contact: Roslyn B. Fontaine Acting 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: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB37

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Title: Revising Electrical Product Approval Regulations Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and Accessories) describes the approval requirements for electrically operated machines and accessories intended for use in underground gassy mines, and for related matters, such as approval procedures, certification of components, and acceptance of flame-resistant hoses and conveyor belts. Aside from minor modifications, part 18 has been largely unchanged since it was promulgated in 1968. MSHA is proposing revisions to improve the efficiency of the approval process, recognize new technology, add quality assurance provisions, address existing policies through the rulemaking process, and reorganize portions of the approval regulations. MSHA will be addressing the requirements in this part in phases. The first phase, Flame-Resistance Testing of Mining Materials, was completed with the final rule published on December 31, 2008 (73 FR 80580). The second phase will be Intrinsic Safety Requirements. This action will be published second because the MINER Act required underground coal mine operators to submit an Emergency Response Plan (ERP) that sets forth a means of providing post-accident communication and electronic tracking. Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 30 CFR 7; 30 CFR 17 to 18; 30 CFR 22 to 23; 30 CFR 27; 30 CFR 14; ... (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 30 USC 957 Legal Deadline: None Regulatory Plan: Statement of Need: MSHA's approval requirements for electrically operated machines and accessories intended for use in underground gassy mines are outdated and inefficient. The proposed regulatory action would improve the efficiency of the approval process, recognize new technology, and enhance quality assurance provisions. Legal Basis: Promulgation of this regulation is authorized by section 101 of the Federal Mine Safety and Health Act of 1977.Alternatives: The proposal will include several alternatives in the preamble and request comments on them.

Costs and Benefits: MSHA will prepare estimates of the anticipated costs and benefits in a preliminary regulatory economic analysis to accompany the proposed rule.

Risks: MSHA's existing approval process would benefit from this streamlining and updating effort. The approval process would be made easier for manufacturers and others who submit products for MSHA approval. The existing process does not address some new technology, which could improve safety and health conditions for miners over that provided by existing products. Without the revised approval regulations, manufacturers developing new products could not market the improved products to underground gassy mines. Without a revision of quality assurance, testing, certification, and approval provisions, MSHA would lack an efficient method for getting improved products into the mines to enhance protection for miners. Timetable: Action Date FR Cite NPRM (Phase 1) 06/19/2008 73 FR 35026 NPRM Comment Period End 09/08/2008 Final Action --Phase 1 12/31/2008 73 FR 80580 Withdrawn 12/31/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: Undetermined RIN Information URL: www.msha.gov/regsinfo.htm Public Comment URL: www.regulations.gov Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209- 3939 Phone: 202 693 -9440 FAX: 202 693 -9441 E-Mail: fontaine.roslyn@dol.gov

Department of Labor (DOL) Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB71

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Title: Safety and Health Management Programs for Mines Abstract: MSHA held public meetings to gather information and suggestions from the mining community on effective, comprehensive safety and health management programs, including programs used in the mining industry. MSHA will hold additional public meetings to gather more extensive information on safety and health management programs to eliminate hazards and prevent injuries and illnesses at mines. Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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 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 Notice of Public Meetings 09/09/2010 75 FR 54804 Stakeholder Meetings 10/08/2010 Stakeholder Meeting 10/14/2010 Stakeholder Meeting 10/12/2010 Comment Period End 12/17/2010 Withdrawn 12/31/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Roslyn B. Fontaine Acting Director, Office of Standards, Regulations, and Variances Department of Labor Mine Safety and Health Administration 1100 Wilson Boulevard, Room 2350 Arlington , VA 22209- 3939 Phone: 202 693 -9440 FAX: 202 693 -9441 E-Mail: fontaine.roslyn@dol.gov

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

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Title: Persuader Agreements: Employer and Labor Relations Consultant Reporting Under the LMRDA Abstract: The Department published a 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 revised interpretation would narrow the scope of the advice exemption. Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 29 CFR 405; 29 CFR 406 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 29 USC 433; 29 USC 438 Legal Deadline: None Regulatory Plan: Statement of Need: The Department of Labor proposed a regulatory initiative to better implement the public disclosure objectives of the Labor-Management Reporting and Disclosure Act (LMRDA) regarding employer-consultant agreements to persuade employees concerning their rights to organize and bargain collectively. Under LMRDA section 203, an employer must report any agreement or arrangement with a third party consultant to persuade employees as to their collective bargaining rights or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer. The consultant 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's proposal stated that its current policy concerning the scope of the "advice exception" is overbroad and that a narrower construction would better allow for the employer and consultant reporting intended by the LMRDA. The proposal stated that regulatory action is needed to provide workers with information critical to their effective participation in the workplace.Legal Basis: This 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 06/21/2011 76 FR 36178 NPRM Comment Period Extended 07/29/2011 76 FR 45480 NPRM Comment Period End 08/22/2011 NPRM Comment Period End 09/21/2011 Final Action 08/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.olms.dol.gov Public Comment URL: www.regulations.gov Related RINs: Previously Reported as 1215-AB79 Agency Contact: Andrew R. Davis Chief, Division of Interpretations and Standards, Office of Labor-Management Standards Department of Labor Office of Labor Management Standards Room N-5609 FP Building 200 Constitution Avenue NW. Washington , DC 20210 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

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Title: Construction Contractors' Affirmative Action Requirements Abstract: The regulations implementing the affirmative action obligations of construction contractors under Executive Order 11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and racial minorities continue to exist in on-site construction occupations in the construction industry. This Notice of Proposed Rulemaking (NPRM) would revise 41 CFR part 60-1 and 60-4 by removing outdated regulatory provisions, proposing a new method for establishing affirmative action goals, and proposing other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today. Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 41 CFR 60 -1; 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended; 30 FR 12319; 32 FR 14303, as amended by EO 12086 Legal Deadline: None Regulatory Plan: Statement of Need: These regulations, last revised in 1980, have proven ineffective at making meaningful progress in the employment of women and certain minorities in the construction industry. Analysis of 2006 to 2008 ACS data for 27 on-site construction occupations reveals a significant disparity between the percentage of women in construction occupations in the construction industry and the percentage of women in construction occupations in all other industries. The representation of African Americans in the construction industry is substantially less than would be expected given their representation in all other industries. For example, in 23 of the 27 occupations analyzed, disparities were found in the representation of AfricanAmericans. The NPRM would remove outdated regulatory provisions, propose a new method for establishing affirmative action goals, and propose other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today. Legal Basis: This action is not required by statute or court order. Legal Authority: Sections 201, 202, 205, 211, 301, 302, and 303 of E.O. 11246, as amended; 30 FR 12319; 32 FR 14303, as amended by E.O. 12086.

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

Costs and Benefits: The proposed rule would adopt a new framework for implementing affirmative action requirements in the construction industry and proposes standards for designating projects "mega construction projects." There may be some additional costs to contractors as a result of the increased scope of required actions. The benefits would likely include increased diversity in construction workplaces and increased opportunities for women and minorities to obtain on-site construction jobs. Recent reports on the national unemployment rate show significantly higher unemployment in these populations than in others. The African American unemployment rate is at record high numbers. More detailed cost and benefit analyses will be made as the NPRM is developed. Data all show significant underrepresentation of these groups in the construction industry.

Risks: Failure to provide updated regulations may impede the equal opportunity rights of some workers in protected classes. Timetable: Action Date FR Cite NPRM 04/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No Federalism: Undetermined Related RINs: Previously Reported as 1215-AB81 Agency Contact: Debra A. Carr Director, Division of Policy, Planning, and Program Development Department of Labor Office of Federal Contract Compliance Programs Room C3325 200 Constitution Avenue NW. Washington , DC 20210 Phone: 202 693 -0103 TDD Phone: 202 693 -1337 FAX: 202 693 -1304 E-Mail: ofccp- public@dol.gov