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 family and personal care-giving; 

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

 Assure workers have a voice in the workplace. 

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

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

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

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

compliance 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 protections for workers. By 

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

Department regulations and promoting greater openness and transparency 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 

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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 collection of regulatory actions in the Department’s 

Plan/Prevent/Protect strategy is designed to ensure employers and other regulated entities are in 

full compliance with the law every day, not just when Department inspectors 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 risks of legal violations and other risks to 

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

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

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

monitor their implementation. 

 "Prevent": Thoroughly and completely implement the plan in a manner that prevents legal 

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

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

 "Protect": Verify on a regular basis that the plan's objectives are being met. The plan must 

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

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

address the risks, hazards, and inequities in their workplaces will be considered out of 

compliance with the law and, may be subject to remedial action. However, employers, unions, 

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and others who follow the Department's Plan/Prevent/Protect strategy will assure compliance 

with employment laws before Labor Department enforcement personnel arrive at their 

doorsteps. Most important, they will assure that workers get the safe, healthy, diverse, 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 regulatory plan demonstrates the Department's 

continued commitment to conducting the people's business with openness and transparency, 

not only as good Government and stakeholder engagement strategies, but as important means 

to achieve compliance with the employment laws administered and enforced by the 

Department. Openness and transparency will not only enhance agencies' enforcement actions 

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

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

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

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

Good Jobs for Everyone. 

Worker Protection Responsiveness 

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

will result in improvements to worker health and safety. However, when the Department 

identifies specific hazards and risks to worker health, safety, security, or fairness, we will utilize 

our regulatory powers to limit the risk to workers. The fall 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 standard 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 Work 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 Order 13563 “Improving Regulation and Regulatory 

Review” (Jan. 18, 2011), the following Regulatory Identifier Numbers (RINs) have been 

identified as associated with retrospective review and analysis in the Department’s final 

retrospective review of regulations plan. Some of these entries on this list may be completed 

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actions, which do not appear in The Regulatory Plan. However, more information can be found 

about these completed rulemakings in past publications of the Unified Agenda on Reginfo.gov 

in the Completed Actions section for that agency. These rulemakings can also be found on 

Regulations.gov. The final agency plans can be found at:

http://www.dol.gov/regulations/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 

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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 conduct retrospective reviews of regulations. 

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

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

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

we need to foster economic growth, job creation, and competitiveness. 

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

published its Plan for Retrospective Analysis of Existing Rules, which identifies several burdenreducing review projects. For example, OSHA’s Standards Improvement Project III (SIP III) 

rulemaking achieved a 1.9 million burden hour reduction, and we anticipate that OSHA’s SIP IV 

project will similarly yield savings for employers. OSHA’s Hazard Communication/Globally 

Harmonized System for Classification and Labeling 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 reduce costs by approximately 

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$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 identifies potential regulations for review. This 

regulatory agenda provides public notice of the Department’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 injuries and adverse health effects, and communicate 

with 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 Bloodborne Pathogens standard, updating consensus 

standards, phase IV of OSHA’s standard improvement project (SIP IV), and reviewing various 

permissible exposure levels. 

Plan/Prevent/Protect

Infectious Diseases 

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

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

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interested in all routes of infectious disease transmission in healthcare settings not already 

covered by its bloodborne pathogens standard (e.g. contact, droplet, and airborne). The 

Agency is particularly concerned by studies that indicate that transmission of infectious 

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

adherence to recognized, but voluntary, infection control measures. The Agency is considering 

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

with established infection control practices. The Agency received strong stakeholder 

participation in response to its May 2010 request for information and July 2011 stakeholder 

meetings. 

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

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

employ thousands of workers. In addition, healthcare is increasingly being provided in other 

settings such as nursing homes, free-standing surgical and outpatient centers, emergency care 

clinics, patients’ homes, and pre-hospitalization emergency care settings. OSHA is concerned 

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

infrastructure and resources to effectively implement infection control measures, into more 

diverse and smaller workplace settings with less infrastructure and fewer resources, but with an 

expanding worker population. 

Injury and illness Prevention Program (12P2) 

 OSHA’s Injury and Illness Prevention Program is the prototype for the Department’s 

Plan/Prevent/Protect strategy. OSHA’s first step in this important rulemaking was to hold 

stakeholder meetings. Stakeholder meetings were held in East Brunswick, New Jersey; Dallas, 

Texas; Washington, DC; and Sacramento, California, beginning in June 2010 and ending in 

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

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

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

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

proactively and continuously address workplace safety and health hazards. This rule will 

involve planning, implementing, evaluating, and improving processes and activities that 

promote worker safety and health hazards. OSHA has substantial evidence showing that 

employers that have implemented similar injury and illness prevention programs have 

significantly reduced injuries and illnesses in their workplaces. The new rule would build on 

OSHA’s existing Safety and Health Program Management Guidelines and lessons learned from 

successful approaches and best practices that have been applied by companies participating in 

OSHA’s Voluntary Protection Program and Safety and Health Achievement Recognition 

Program, and similar industry and international initiatives. 

Openness and Transparency

Modernizing Recordkeeping 

 OSHA held informal meetings to gather information from experts and stakeholders regarding 

the modification of its current injury and illness data collection system that will help the agency, 

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

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

OSHA will explore requiring employers to electronically submit to the Agency data required by 

part 1904 (Recording and Reporting Occupational Injuries). The proposed rule will enable 

OSHA to conduct data collections ranging from the periodic collection of all part 1904 data from 

a handful of employers to the annual collection of summary data from many employers. OSHA 

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

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

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

and the public prevent workplace injuries and illnesses. The proposed rule also does not add 

to or change the recording criteria or definitions in part 1904. The proposed rule only modifies 

employers’ obligations to transmit information from these records to OSHA. 

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Whistleblower Protection Regulations 

 The ability of workers to speak out and exercise their legal rights without fear of retaliation is 

essential to many of the legal protections and safeguards that all Americans value. Whether 

the goal is the safety of our food, drugs, or workplaces, the integrity of our financial system, or 

the security of our transportation systems, whistleblowers have been essential to ensuring that 

our laws are fully and fairly executed. In the fall regulatory agenda, OSHA proposes to 

issue procedural rules that will establish consistent and transparent procedures for the filing of 

whistleblower complaints under eight statutes. 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 workers have a voice in the workplace. 

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Addressing Targeted Hazards

Silica 

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

address worker exposures to crystalline silica through the promulgation and enforcement of a 

comprehensive health standard. Exposure to silica causes silicosis, a debilitating respiratory 

disease, and may cause cancer, other chronic respiratory diseases, and renal and autoimmune 

disease as well. The seriousness of the health hazards associated with silica exposure is 

demonstrated by the large number of fatalities and disabling illnesses that continue to occur. 

Over 2 million workers are exposed to crystalline silica in general industry, construction, and 

maritime industries. Reducing these hazardous exposures through promulgation and 

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

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

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

regulatory action related to silica exposure in mines. 

Preventing Backover Injuries and Fatalities 

 Workers across many industries face a serious hazard when vehicles perform backing 

maneuvers, especially vehicles with an obstructed view to the rear. OSHA is collecting 

information on this hazard and researching emerging technologies that may help to reduce this 

risk. NIOSH reports, for example, that one-half of the fatalities involving construction 

equipment occur while the equipment is backing. Backing accidents cause at least 60 

occupational deaths per year. Emerging technologies that address the risks of backing 

operations include cameras, radar, and sonar—to help view or detect the presence of workers 

on foot in blind areas—and new monitoring technology, such as tag-based warning systems 

that use radio frequency (RFID) and magnetic field generators on equipment to detect 

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

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

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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 NPRM concerning the HCS are expected to benefit 

employers in two primary ways. First, the harmonization of hazard classifications, safety data 

sheet (SDSs) formats, and warning labels will yield substantial savings to businesses, once the 

standard is fully implemented. On the producer side, fewer different 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, for users, OSHA expects that they will see 

reductions in operating costs due to the decreased number of SDSs, the standardization of 

SDSs that will make it easier to locate information 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 periods 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 producers will be using the same system. 

 

 OSHA’s preliminary estimate is that establishing a harmonized system for the classification 

and labeling of chemicals will create a substantial 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 managers, 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 provide savings up to $285.3 million. Additionally, 

establishing uniform safety data sheets and labels will save between $16 million and $32.2 

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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, section 5 of Executive Order 12866, and E.O. 

13563. The review will consider the continued need for the rule; whether the rule overlaps, 

duplicates, or conflicts with other Federal, State or local regulations; and the degree to which 

technology, economic conditions, or other factors may have changed since the rule was 

evaluated. 

Updating OSHA Standards Based on National Consensus Standards--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 consensus standards as OSHA standards. In the more than 40 years 

since these standards were adopted by OSHA, the organizations responsible for these 

consensus standards have issued updated versions of these standards. However, in most 

cases, OSHA has not revised its regulations to reflect later editions of the consensus 

standards. This project is part of a multi-year project to update OSHA standards that are 

based on consensus standards. 

Standard Improvement Project--Phase IV (SIP IV) 

 OSHA’s Standards Improvement Projects (SIPs) are intended to remove or revise 

duplicative, unnecessary, and inconsistent safety and health standards. The Agency has 

published three earlier final standards to remove unnecessary provisions, thus reducing costs 

or paperwork burden on affected employers. The Agency believes that these standards have 

reduced the compliance costs and eliminated or reduced the paperwork burden for a number of 

its standards. The Agency only considers such changes to its standards so long as they do not 

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diminish employee protections. The Agency is initiating 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 Derricks in Construction Standard in August 2010. 

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

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

agreement with EEI, OSHA agreed to publish a direct final rule expanding the scope of a partial 

exemption for work by digger derricks. In the direct final rule, OSHA will revise the scope 

provision on digger derricks as an exemption for all work done by digger derricks covered by 

subpart V of 29 CFR 1926. 

Review-Lookback of OSHA Chemical Standards 

 The majority of OSHA’s Permissible Exposure Limits (PELs) were adopted in 1971 under 

section 6(a) of the OSH Act, and only a few have been successfully updated since that time. 

There is widespread agreement among industry, labor, and professional occupational safety 

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

account newer scientific data that indicates that significant occupational health risks exist at 

levels below OSHA’s current PELs. In 1989, OSHA issued a final standard that lowered PELs 

for over 200 chemicals and added PELs for 164. However, the final rule was challenged and 

ultimately vacated by the 11th Circuit Court of Appeals in 1991 citing deficiencies in OSHA’s 

analyses. Since that time, OSHA has made attempts to examine its outdated PELs in light of 

the Court’s 1991 decision. Most recently, OSHA sought input through a stakeholder meeting 

and web forum to discuss various approaches that might be used to address its outdated PELs. 

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

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

ways to address occupational exposure to chemicals. 

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Mine Safety and Health Administration (MSHA) 

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

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

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

safe and healthy workplace. Workers should never have to sacrifice their lives for their 

livelihood, and all workers deserve to come home to their families at the end of their shift safe 

and whole. MSHA’s approach to reducing workplace fatalities and injuries includes 

promulgating and enforcing mandatory health and safety standards. MSHA’s retrospective 

review projects under E.O.13563 addresses revising 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 standards. The final rule would assure that underground 

coal mine operators find and fix violations during pre-shift, supplemental, on-shift, and weekly 

examinations, thereby improving 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-based compliance. Health hazards are pervasive 

in both coal and metal/nonmetal mines, including surface and underground mines and large 

and small mines. As mentioned previously, as part of the Secretary’s strategy for securing safe 

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and healthy workplaces, both MSHA and OSHA will be undertaking regulatory actions related 

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

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

MSHA plans to follow the recommendations of the Secretary of Labor’s Advisory Committee on 

the Elimination of Pneumoconiosis Among Coal Mine Workers, the National Institute for 

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

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

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

OSHA’s risk assessment in developing the appropriate standard for the mining industry. 

Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines 

 MSHA published a proposed rule to address the danger that miners face when working near 

continuous mining machines in underground coal mines. MSHA has concluded, from 

investigations of accidents involving mobile equipment and other reports, that action was 

necessary to protect miners. From 1984 to 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 types of accidents. Proximity detection systems can be installed 

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

of the machine. The rule would strengthen the protection for underground miners by reducing 

the potential for pinning, crushing, or striking hazards associated with working close to 

continuous mining machines. 

Proximity Detection Systems for Mobile Machines in Underground Mines 

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

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

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

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

and death. The proposal would strengthen protections for miners by reducing the potential for 

pinning, crushing, or striking accidents in underground mines. 

Openness and Transparency 

Pattern of Violations 

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

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

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

intended the pattern of violations to be an enforcement tool for operators who have 

demonstrated a disregard for the health and safety of miners. These mine operators, who have 

a chronic history of persistent significant and substantial (S&S) violations, needlessly expose 

miners to the same hazards again and again. This indicates a serious safety and health 

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

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

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

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

of violations criteria.

 MSHA developed an online service that enables mine operators, miners, and others to 

monitor a mining operation to determine if the mine could be approaching a potential pattern of 

violations. The web tool contains the specific criteria that MSHA uses to review a mine for a 

potential pattern of violations. The pattern of violations monitoring tool promotes openness and 

transparency in government. 

Notification of Legal Identity 

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

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mine ‘‘operators’’ responsible for operator safety and health obligations under the Federal Mine 

Safety and Health Act of 1977, as amended. This proposed regulation would expand the 

information required to be submitted to MSHA to create more transparent and open records 

that would allow the Agency to better identify and focus on the most egregious or persistent 

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

on those violators. 

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 prevalence of coal workers pneumoconiosis (CWP) 

“clusters” in several geographical areas, particularly in the Southern Appalachian Region. 

MSHA published a notice of proposed rulemaking to address continued risk to coal miners from 

exposure to respirable coal mine dust. This regulatory action is part of MSHA’s Comprehensive 

Black Lung Reduction Strategy for reducing miners’ exposure to respirable dust. This strategy 

includes enhanced enforcement, education and training, and health outreach and collaboration. 

E.O. 13563 

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

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

The assessment of civil penalties is a key component in MSHA’s strategy to enforce safety and 

health standards. The Congress intended that the imposition of civil penalties would induce 

mine operators to be proactive in their approach to mine safety and health, and take necessary 

action to prevent safety and health hazards before they occur. MSHA believes that the 

procedures for assessing civil penalties can be revised to improve the efficiency of the 

Agency’s efforts and to facilitate the resolution of enforcement issues. 

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Office of Federal Contract Compliance Programs (OFCCP) 

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

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

establishments take affirmative action to create fair and diverse workplaces. OFCCP also 

combats discrimination based on race, color, religion, sex, national origin, disability, or status 

as a protected veteran by ensuring that Federal contractors recruit, hire, train, promote, 

terminate, and compensate workers in a non-discriminatory manner. DOL, through OFCCP, 

protects workers, promotes diversity 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 assisted construction contractors and subcontractors. 

The proposed rule would strengthen 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 progress 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 Administration (ETA), which is developing a proposed 

regulation revising the equal opportunity regulatory framework under the National 

Apprenticeship Act. 

E.O. 13563 

Sex Discrimination Guidelines 

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 The Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing 

Executive Order 11246, as amended, which prohibits Federal Government contractors and 

subcontractors from discriminating against individuals in employment on the basis of race, 

color, sex, religion, or national origin, and requires them to take affirmative action. OFCCP 

regulations at 41 CFR part 60-20 set forth the interpretations and guidelines for implementing 

Executive Order 11246, as amended, in regard to promoting and ensuring equal opportunities 

for all persons employed or seeking employment with Government contractors and 

subcontractors without regard to sex. This nondiscrimination requirement also applies to 

contractors and subcontractors performing under federally assisted construction contracts. The 

guidance in part 60-20 is more than 30 years old and warrants a regulatory lookback. OFCCP 

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

the current state of the law in this area. 

Employee Benefits Security Administration (EBSA) 

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

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

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

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

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

Affordable Care Act). EBSA’s regulatory plan initiatives are intended to improve health benefits 

and retirement security for workers in every type of job at every income level. EBSA is charged 

with protecting approximately 140 million Americans covered by an estimated 718,000 private 

retirement plans, 2.5 million health plans, and similar numbers of other welfare benefit plans, 

which together hold $6.7 trillion in assets. 

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

Affordable Care Act to help provide better quality health care for American workers and their 

20

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
families. EBSA's regulations reduce discrimination in health coverage, promote better access to 

quality coverage, and protect the ability of individuals and businesses to keep their current 

health coverage. Many regulations are joint rulemakings with the Departments of Health and 

Human Services and the Treasury. 

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

of EBSA's contribution to a departmentwide compliance strategy. These efforts will not only 

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

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

Several proposals from the EBSA agenda expand disclosure requirements, substantially 

enhancing the availability of information to employee benefit plan participants and beneficiaries 

and employers, and strengthening the retirement security of America's workers. EBSA’s 

retrospective review project under E.O.13563 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 Treasury, EBSA has issued regulations 

covering issues such as the elimination of preexisting condition exclusions for children under 

age 19, internal and external appeals of benefit denials, the extension of coverage for children 

up to age 26, and a ban on rescissions (which are retroactive terminations of health care 

coverage). These regulations will eventually impact up to 138 million Americans in employersponsored plans. EBSA will continue its work in this regard, to ensure a smooth 

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

practices, and strengthening America’s health care system. 

21

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Enhancing Participant Protections 

 EBSA will re-propose amendments to its regulations to clarify the circumstances under 

which a person will be considered a "fiduciary" when providing investment advice to retirement 

plans and other employee benefit plans and participants and beneficiaries of such plans. The 

amendments would take into account current practices of investment advisers and the 

expectations of plan officials and participants who receive investment advice. This initiative is 

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

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

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

workers. 

Lifetime Income Options 

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

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

distribution options for participants and beneficiaries of defined contribution plans. EBSA also 

held a hearing with the Department of the Treasury and Internal Revenue Service to further 

explore these possibilities. This initiative is intended to assure retirement security for workers in 

all jobs regardless of income level by helping to ensure that participants and beneficiaries have 

the benefit of their plan savings throughout retirement. EBSA now has established a public 

record which supports further consideration or action in a number of areas including pension 

benefit statements, participant education, and fiduciary guidance. With regard to pension 

benefit statements specifically, EBSA is working on a proposed rule under ERISA section 105 

that would require or facilitate the presentation of a participant’s accrued benefits; i.e., the 

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

presenting the benefits as an account balance. 

Promoting Openness and Transparency 

22

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
 In addition to its health care reform and participant protection initiatives discussed above, 

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

encourage, foster, and promote openness, transparency, and communication with respect to 

the management and operations of pension plans, as well as participant rights and benefits 

under such plans. Among other things, EBSA will be issuing a final rule addressing the 

requirement that administrators of defined benefit pension plans annually disclose the funding 

status of their plan to the plan's participants and beneficiaries (RIN l210-AB18). In addition, 

EBSA will be finalizing amendments to the disclosure requirements applicable to plan 

investment options, including Qualified Default Investment Alternatives, to better ensure that 

participants understand the operations and risks associated with investments in target date 

funds (RIN 1210-AB38). 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 plans that have been abandoned by their plan sponsors. The 

regulation establishes a streamlined program under which plans are terminated with very 

limited involvement of EBSA regional offices. EBSA now has 6 years of experience with this 

program and believes certain changes would improve 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 recent changes in the U.S. Bankruptcy Code. 

23

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
The Department believes that this expansion has the potential to substantially reduce burdens 

on these plans and bankruptcy trustees. Plans of businesses in liquidation currently do not 

have the option of using the streamlined termination and winding-up procedures under the 

program. This is true even though bankruptcy trustees, pursuant to the Bankruptcy Code, can 

have a legal duty to administer the plan. Thus, bankruptcy trustees, who often are unfamiliar 

with applicable fiduciary requirements and plan-termination procedures, presently have little in 

the way of a blueprint or guide for efficiently terminating and winding up such plans. Expanding 

the program to cover these plans will allow eligible bankruptcy trustees to use the streamlined 

termination process to better discharge its obligations under the law. The use of streamlined 

procedures will reduce the amount of time and effort it would take ordinarily to terminate and 

wind up such plans. The expansion also will eliminate Government filings ordinarily required of 

terminating plans. Participation in the program will reduce the overall cost of terminating and 

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 plans will benefit from the 

amended abandoned plans regulation and accompanying class exemption. EBSA expects that 

the cost burden reduction that will result from this initiative 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 covered by these plans, because their account 

balances will be maximized for two primary reasons. First, prompt, efficient termination of these 

plans will eliminate future administrative expenses charged to the plans that otherwise would 

diminish plan assets. Second, by following the specific standards and procedures set forth in 

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

increased efficiency. 

Office of Labor-Management Standards (OLMS) 

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
 The Office of Labor-Management Standards (OLMS) administers and enforces most 

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

LMRDA promotes labor-management transparency by requiring unions, employers, laborrelations consultants, and others to file reports, which are publicly available. The LMRDA 

includes provisions protecting union member rights to participate in their union's governance, to 

run for office and fully exercise their union citizenship, as well as procedural safeguards to 

ensure free and fair union elections. Besides enforcing these provisions, OLMS also ensures 

the financial accountability of unions, their officers and employees, through enforcement and 

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

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

more effective voice in their workplaces. OLMS also administers Executive Order 13496, which 

requires Federal contractors to notify their employees concerning their rights to organize and 

bargain collectively under Federal labor laws. 

Openness and Transparency

Persuader Agreements: Employer and Labor Relations Consultant Reporting under the LMRDA 

 OLMS published a proposed regulatory initiative in June 2011, which is a transparency 

regulation intended to provide workers with information critical to their effective participation in 

the workplace. The proposed regulations would better implement the public disclosure 

objectives of the LMRDA in situations where an employer engages a consultant in order to 

persuade employees concerning their rights to organize and bargain collectively. Under 

LMRDA section 203, an employer must report any agreement or arrangement with a consultant 

to persuade employees concerning their rights to organize and collectively bargain, or to obtain 

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

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

agreement or arrangement with an employer. Statutory exceptions to these reporting 

25

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
requirements are set forth in LMRDA section 203(c), which provides, in part, that employers 

and consultants are not required to file a report by reason of the consultant’s giving or agreeing 

to give “advice” to the employer. The Department in its proposal reconsidered the current 

policy concerning the scope of the “advice” exception. When workers have the necessary 

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

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

choice about representation. 

Form LM-30: Labor Organization Officer and Employee 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 actual 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 Administration (ETA) administers and oversees programs 

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

employment, labor market information, and income maintenance services through its national 

network of One-Stop centers. The programs within ETA promote pathways to economic 

independence for individuals and families. Through several laws, ETA is charged with 

administering numerous employment and training programs designed to assist the American 

worker in developing the knowledge, skills, and abilities that are sought after in the 21st 

century's economy. ETA plans a retrospective review of the Rounding Rule for the Total 

Unemployment Rate Benefits Trigger. 

26

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
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 responsibilities, ETA certifies whether 

U.S. workers capable of performing the jobs for which employers are seeking foreign workers 

are available and whether the employment of foreign workers will adversely affect the wages 

and working conditions of U.S. workers similarly employed. Through the Wage and Hour 

Division (WHD), the Department enforces compliance with the conditions of an 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 wish to fill with temporary H-2B 

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

workers and through the creation of a national, electronic job registry. The rule will explore 

strengthening existing worker enforcement to ensure adequate protections for both U.S. and H2B workers. The rulemaking will include greater 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 element in the Department’s vision to promote and 

expand registered apprenticeship opportunities in the 21st Century while safeguarding the 

welfare and safety of all apprentices. In October 2008, ETA issued a final rule updating 29 

CFR part 29, the regulatory framework for registration of apprenticeship programs and 

apprentices, and administration of the National Apprenticeship System. The companion EEO 

27

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
regulations, 29 CFR part 30, have not been amended since 1978. ETA proposes to update 

part 30 EEO in the Apprenticeship and Training regulations to ensure that they act in concert 

with the 2008 revised part 29 rule. The proposed EEO regulations also will further Secretary 

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

develop and fully implement nondiscrimination and affirmative action efforts that provide equal 

opportunity for all applicants to apprenticeship and apprentices, regardless of race, gender, 

national origin, color, religion, or disability. 

28

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
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

 View Related Documents

Title: Equal Employment Opportunity in Apprenticeship Amendment of Regulations

Abstract: Revisions to the equal opportunity regulatory framework for the National Apprenticeship Act are a critical element in

the Department's vision to promote and expand Registered Apprenticeship opportunities in the 21st century while continuing to

safeguard the welfare and safety of apprentices. In October 2008, the Agency issued a Final Rule updating regulations for

Apprenticeship Programs and Labor Standards for Registration. These regulations, codified at title 29 Code of Federal

Regulations (CFR) part 29, had not been updated since 1977. The companion regulations, 29 CFR part 30, Equal Employment

Opportunity (EEO) in Apprenticeship and Training, have not been amended since 1978. The Agency now proposes to update 29

CFR part 30 to ensure that the National Registered Apprenticeship System is consistent and in alignment with EEO law, as it

has developed since 1978, and recent revisions to 29 CFR part 29. This second phase of regulatory updates will ensure that

Registered Apprenticeship is positioned to continue to provide economic opportunity for millions of Americans while keeping

pace with these new requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 29 CFR 30 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 1, 50 Stat 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301); Reorganization Plan No 14 of

1950, 64 Stat 1267 (5 USC app p 534)

Legal Deadline: None

29

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Regulatory 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

 View Related Documents

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

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

Abstract: The Department published a 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. The

30

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
policy underpinnings of the current regulation; e.g., streamlining the H-2B process to defer many determinations of program

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

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

 View Related Documents

Title: Definition of "Fiduciary"

Abstract: This rulemaking would amend the regulatory definition of the term "fiduciary" set forth at 29 CFR 2510.3-21 (c) to

more broadly define as employee benefit plan fiduciaries persons who render investment advice to plans for a fee within the

meaning of section 3(21) of ERISA. The amendment would take into account current practices of investment advisers and the

expectations of plan officials and participants who receive investment advice.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

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

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

Legal Deadline: None

Regulatory Plan:

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

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

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

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

31

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
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

 View Related Documents

Title: Infectious Diseases

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

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

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

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

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

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

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

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

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

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

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

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

May 6, 2010, the comment period closed on August 4, 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: Undetermined

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

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

Legal Deadline: None

Regulatory Plan:

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

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

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

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

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

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

32

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
is the movement of healthcare delivery from the traditional hospital setting, with its greater infrastructure and resources to

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

fewer resources, but with an expanding worker population.

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

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

U.S.C. 651).

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

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

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

 View Related Documents

Title: Injury and Illness Prevention Program

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

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

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

Agency currently has voluntary Safety and Health Program Management Guidelines (54 FR 3904 to 3916), published in 1989.

An injury and illness prevention 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 shown

33

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
to be effective in many workplaces in the United States and internationally.

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

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

U.S.C. 651).

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

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

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

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

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

to establish effective safety and health programs.

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

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

 View Related Documents

Title: Occupational Exposure to Crystalline Silica

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

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

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

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

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

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

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

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

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

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

standards for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has

also developed a recommended comprehensive program standard. These standards include provisions for methods of

compliance, exposure monitoring, training, and medical surveillance.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

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

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

the Code of Federal Regulations ) 

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

34

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Legal Deadline: None

Regulatory Plan:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

propose a comprehensive standard.

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

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

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

 View Related Documents

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 and

35

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
availability of the relevant records and statistics. This proposal involves modification to 29 CFR part 1904.41 to expand OSHA's

legal authority to collect and make available injury and illness information required under part 1904.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

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

Legal Authority: 29 USC 657

Legal Deadline: None

Regulatory Plan:

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

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

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

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

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

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

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

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

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

 View Related Documents

Title: Hazard Communication

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

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

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

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

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

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

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

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

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

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

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

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

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

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

36

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have

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

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

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

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

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

2010. The record closed on June 1, 2010.

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: 202 693-1641

37

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
E-Mail: dougherty.dorothy@dol.gov

Department of Labor (DOL) 

Occupational Safety and Health Administration ( OSHA ) RIN: 1218-AC52

 View Related Documents

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.gov

38

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Department of Labor (DOL) 

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

 View Related Documents

Title: Respirable Crystalline Silica

Abstract: Current standards limit exposures to quartz (crystalline silica) in respirable dust. The metal and nonmetal mining

industry standard is based on the 1973 American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit

Values formula: 10 mg/m3 divided by the percentage of quartz plus 2. Overexposure to crystalline silica can result in some

miners developing silicosis, an irreversible but preventable lung disease, which ultimately may be fatal. The formula is designed

to limit exposures to 0.1 mg/m3 (100 ug) 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 Documents

39

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Title: Criteria and Procedures for Proposed Assessment of Civil Penalties

Abstract: MSHA will develop a proposed rule to revise the process for proposing civil penalties. The assessment of civil

penalties is a key component in MSHA's strategy to enforce safety and health standards. The Congress intended that the

imposition of civil penalties would induce mine operators to be proactive in their approach to mine safety and health, and take

necessary action to prevent safety and health hazards before they occur. MSHA believes that the procedures for assessing civil

penalties can be revised to improve the efficiency of the Agency's efforts and to facilitate the resolution of enforcement issues.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

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

Legal Authority: 30 USC 815; 30 USC 820; 30 USC 957

Legal Deadline: None

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) 

40

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Mine Safety and Health Administration ( MSHA ) RIN: 1219-AB78

 View Related Documents

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

 View Related Documents

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

41

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust

standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis (CWP or

black lung) and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving

the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease,

according to the National Institute for Occupational Safety and Health (NIOSH). In September 1995, NIOSH issued a Criteria

Document in which it recommended that the respirable coal mine dust permissible exposure limit (PEL) be cut in half. In

February 1996, the Secretary of Labor convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among

Coal Miners (Advisory Committee) to assess the adequacy of MSHA's current program and standards to control respirable dust

in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The

Committee represented the labor, industry and academic communities. The Committee submitted its report to the Secretary of

Labor in November 1996, with the majority of the recommendations unanimously supported by the Committee members. The

Committee recommended a number of actions to reduce miners' exposure to respirable coal mine dust. This 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: No

42

Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Small 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

 View Related Documents

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: No

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RIN 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

 View Related Documents

Title: Pattern of Violations

Abstract: MSHA is preparing a final rule to revise the Agency's existing regulation for pattern of violations contained in 30

CFR part 104. MSHA has determined that the existing pattern criteria and procedures do not reflect the statutory intent for

section 104(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) that operators manage health and safety conditions

at mines so that the root causes of significant and substantial (S&S) violations are addressed before they become a hazard to

the health and safety of miners. The legislative history of the Mine Act explains that Congress intended the pattern of violations

tool to be used for operators who have demonstrated a disregard for the health and safety of miners. The final rule would reflect

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

Priority: Other Significant Agenda Stage of Rulemaking: 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 35801 

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NPRM 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

 View Related Documents

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

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

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

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: 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 health

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
and safety standards has resulted in serious accidents and fatalities. Lack of adequate ventilation in underground mines has

resulted in fatalities from asphyxiation and explosions.

Timetable:

Action Date FR Cite

NPRM 12/27/2010 75 FR 81165 

NPRM Comment Period End 02/25/2011 

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

NPRM Comment Period End 03/28/2011 

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

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

NPRM Comment Period End 06/30/2011 

NPRM Comment Period End 08/01/2011 

Final Action 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

 View Related Documents

Title: Revising Electrical Product Approval Regulations

Abstract: 30 CFR part 18 (Electric Motor-Driven Mine Equipment and Accessories) describes the approval requirements for

electrically operated machines and accessories intended for use in underground gassy mines, and for related matters, such as

approval procedures, certification of components, and acceptance of flame-resistant hoses and conveyor belts. Aside from

minor modifications, part 18 has been largely unchanged since it was promulgated in 1968. MSHA is proposing revisions to

improve the efficiency of the approval process, recognize new technology, add quality assurance provisions, address existing

policies through the rulemaking process, and reorganize portions of the approval regulations. MSHA will be addressing the

requirements in this part in phases. The first phase, Flame-Resistance Testing of Mining Materials, was completed with the final

rule published on December 31, 2008 (73 FR 80580). The second phase will be Intrinsic Safety Requirements. This action will

be published second because the MINER Act required underground coal mine operators to submit an Emergency Response

Plan (ERP) that sets forth a means of providing post-accident communication and electronic tracking.

Priority: Other Significant Agenda Stage of Rulemaking: 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.

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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

 View Related Documents

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.

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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

 View Related Documents

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.

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
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

 View Related Documents

Title: Construction Contractors' Affirmative Action Requirements

Abstract: The regulations implementing the affirmative action obligations of construction contractors under Executive Order

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

minorities continue to exist in on-site construction occupations in the construction industry. This Notice of Proposed Rulemaking

(NPRM) would revise 41 CFR part 60-1 and 60-4 by removing outdated regulatory provisions, proposing a new method for

establishing affirmative action goals, and proposing other revisions to the affirmative action requirements that reflect the realities

of the labor market and employment practices in the construction industry today.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 60-1; 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of 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 African

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan
Americans. 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

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Regulations.gov Friday, January 20, 2012 The Regulatory Plan