The Department of Labor (DOL) in December released its Fall 2010 Semiannual Regulatory Agenda, which outlined actions and timetables for 2011 and included agendas for the Occupational Safety and Health Administration (OSHA) and the Employment and Training Administration (ETA).
According to its agenda, in 2011, OSHA plans to issue a proposed rule outlining the permissible exposure limit to dust containing crystalline silica on the jobsite and has set a goal date of April. OSHA also plans to release by February a final rule that would
revise the Form 300to include an additional reporting column for musculoskeletal disorders (MSD).
A final rule is also expected by September on
OSHA’s proposed changesto its On-site Consultation Program for all worksites, including those that have Safety and Health Achievement Recognition Program (SHARP) status and a final rule expanding the confined spaces in construction standard is expected by November.
By June, OSHA plans to convene a small business review panel on its I2P2 program, introduced last year that will require employers to implement internal safety programs that will identify, anticipate and prevent hazards that could cause injury or death to an employee.
In addition, OSHA will be seeking information to determine whether rulemakings are necessary in certain areas. Because the agency expects the use of reinforced steel and post-tensioned poured-in-place concrete in commercial and industrial construction to rise, it will be requesting information from professionals who work in those fields, along with other members of the public, to determine whether a new rule is necessary, and, if so, what hazards need to be addressed. OSHA also plans to request information on operations on construction sites that involve backing accidents, and hopes to determine whether a rule is necessary by May.
ETA also posted its regulatory agenda in December, outlining plans to issue a final rule that will drastically overhaul the H-2B visa wage determination process by the end of January.
ABC opposedthe proposed rule because it would rescind the current methodology for establishing wage rates for H-2B temporary workers and replace it with a system emphasizing Davis-Bacon Act wage determinations. ETA is also expected to release a proposed rule in July revising the equal opportunity regulatory framework for the National Apprenticeship Act.
Although OSHA and ETA both list deadlines for each action item, the agencies are not required to stick to their proposed timelines and some actions for the coming year may be delayed or postponed.
To view DOL’s regulatory agenda, including those for OSHA and ETA, click
here.
To view the statement of regulatory priorities, click
here.