80 FR 35048 - Unified Agenda of Regulatory and Deregulatory Actions
DEPARTMENT OF LABOR
Office of the Secretary
Department of Transportation Federal Register Volume 80, Issue 117 (June 18, 2015)
Office of the Secretary
Department of Transportation
Federal Register Volume 80, Issue 117 (June 18, 2015)
| Page Range | 35048-35055 | |
| FR Document | 2015-14356 |
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)] [Unknown Section] [Pages 35048-35055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14356] [[Page 35047]] Vol. 80 Thursday, No. 117 June 18, 2015 Part XI Department of Labor ----------------------------------------------------------------------- Unified Agenda Federal Register / Vol. 80 , No. 117 / Thursday, June 18, 2015 / Unified Agenda [[Page 35048]] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary 20 CFR Chs. I, IV, V, VI, VII, and IX 29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV 30 CFR Ch. I 41 CFR Ch. 60 48 CFR Ch. 29 Unified Agenda of Regulatory and Deregulatory Actions AGENCY: Department of Labor. ACTION: Semiannual regulatory agenda. ----------------------------------------------------------------------- SUMMARY: The Internet has become the means for disseminating the entirety of the Department of Labor's semiannual regulatory agenda. However, the Regulatory Flexibility Act requires publication of a regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the regulatory flexibility agenda. FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC 20210; (202) 693-5959. Note: Information pertaining to a specific regulation can be obtained from the agency contact listed for that particular regulation. SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the semiannual publication of an agenda of regulations that contains a listing of all the regulations the Department of Labor expects to have under active consideration for promulgation, proposal, or review during the coming one-year period. The entirety of the Department's semiannual agenda is available online at www.reginfo.gov. The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to publish in the Federal Register a regulatory flexibility agenda. The Department's Regulatory Flexibility Agenda published with this notice, includes only those rules on its semiannual agenda that are likely to have a significant economic impact on a substantial number of small entities and those rules identified for periodic review in keeping with the requirements of section 610 of the Regulatory Flexibility Act. Thus, the regulatory flexibility agenda is a subset of the Department's semiannual regulatory agenda. Occupational Safety and Health Administration Bloodborne Pathogens (RIN 1218-AC34) All interested members of the public are invited and encouraged to let departmental officials know how our regulatory efforts can be improved, and are invited to participate in and comment on the review or development of the regulations listed on the Department's agenda. Thomas E. Perez, Secretary of Labor. Wage and Hour Division--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 170....................... Defining and Delimiting 1235-AA11 the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. ------------------------------------------------------------------------ Employment and Training Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 171....................... Temporary Agricultural 1205-AB70 Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States. 172....................... Workforce Innovation and 1205-AB73 Opportunity Act. 173....................... Workforce Innovation and 1205-AB74 Opportunity Act; Joint Rule with U.S. Department of Education for Combined and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions. 174....................... Modernizing the Permanent 1205-AB75 Labor Certification Program (PERM). ------------------------------------------------------------------------ Employment and Training Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 175....................... Wage Methodology for the 1205-AB72 Temporary Non- Agricultural Employment H- 2B Program. ------------------------------------------------------------------------ Occupational Safety and Health Administration--Prerule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 176....................... Bloodborne Pathogens 1218-AC34 (Section 610 Review). 177....................... Combustible Dust.......... 1218-AC41 ------------------------------------------------------------------------ Occupational Safety and Health Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 178....................... Occupational Exposure to 1218-AB70 Crystalline Silica. [[Page 35049]] 179....................... Occupational Exposure to 1218-AB76 Beryllium. ------------------------------------------------------------------------ Occupational Safety and Health Administration--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 180....................... Infectious Diseases....... 1218-AC46 181....................... Injury and Illness 1218-AC48 Prevention Program. 182....................... Preventing Backover 1218-AC51 Injuries and Fatalities. ------------------------------------------------------------------------ Occupational Safety and Health Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 183....................... Confined Spaces in 1218-AB47 Construction. ------------------------------------------------------------------------ DEPARTMENT OF LABOR (DOL) Wage and Hour Division (WHD) Proposed Rule Stage 170. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees Legal Authority: 29 U.S.C. 213(a)(1) (Fair Labor Standards Act) Abstract: The Fair Labor Standards Act (FLSA) section 13(a)(1) provides a minimum wage and overtime exemption for any employee employed in a bona fide executive, administrative, professional capacity, or in the capacity of an outside salesperson. President Barack Obama issued a memorandum to the Secretary of Labor on March 13, 2014, directing the Secretary to modernize and streamline the existing overtime regulations for executive, administrative, and professional employees. The Department of Labor last updated these regulations in 2004. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/00/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mary Ziegler, Director, Division of Regulations, Legislation, and Interpretation, Department of Labor, 200 Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210, Phone: 202 693-0406, Fax: 202 693-1387. RIN: 1235-AA11 DEPARTMENT OF LABOR (DOL) Employment and Training Administration (ETA) Proposed Rule Stage 171. Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States Legal Authority: 8 U.S.C. 1188 Abstract: Office of Foreign Labor Certification of the Employment and Training Administration (ETA) has established special procedures for certain occupations, including long-established variances for sheepherding, goat herding, and occupations involving the open range production of livestock. The wage-setting methodology and other employment standards for these occupations has been set in the past by sub-regulatory guidance. ETA is engaging in this regulatory action to establish standards for wages and working conditions in these occupations based on input from the regulated community. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/15/15 80 FR 20300 NPRM Comment Period End............. 05/15/15 NPRM Comment Period Extended........ 05/05/15 80 FR 25633 NPRM Comment Period Extended End.... 06/01/15 Final Rule.......................... 11/00/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Janet Banos, Department of Labor, Employment and Training Administration, Division of Policy, Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building, Washington, DC 20210, Phone: 202 693-3010, Email: [email protected]. RIN: 1205-AB70 172. Workforce Innovation and Opportunity Act Legal Authority: Section 503(f) of the Workforce Innovation and Opportunity Act (Pub. L. 113-128) Abstract: On July 22, 2014, the President signed the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128). WIOA repeals the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) The Department of Labor must develop and issue a Notice of Proposed Rulemaking (NPRM) that proposes to implement the changes WIOA makes to the public workforce system in regulations. Through the NPRM, the Department will propose ways to carry out the purposes of WIOA to provide workforce investment activities, through State and local workforce development systems, that increase employment, retention, and earnings of participants, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/16/15 80 FR 20690 NPRM Comment Period End............. 06/15/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Portia Wu, Assistant Secretary for Employment and Training, [[Page 35050]] Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 202 639-2700. RIN: 1205-AB73 173.Workforce Innovation and Opportunity Act; Joint Rule With U.S. Department of Education for Combined and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions Legal Authority: Section 503(f) of the Workforce Innovation and Opportunity Act (Pub. L. 113-128) Abstract: On July 22, 2014, the President signed the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) which repeals the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) As directed by WIOA, the Departments of Education and Labor must develop and issue a Notice of Proposed Rulemaking (NPRM) to implement the changes in regulations that WIOA makes to the public workforce system regarding Combined and Unified State Plans, performance accountability for WIOA title I, title II, title III, and title IV programs, and the one-stop delivery system. Therefore, the Departments of Labor and Education will issue a joint NPRM that will include regulations governing the Combined and Unified State Plans, performance accountability system and One-Stop Delivery System and One-Stop Centers, as both Departments are required to jointly implement these provisions of WIOA. All of the other regulations implementing WIOA will be published by the Departments of Labor and Education in separate NPRMs. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/16/15 80 FR 20574 NPRM Comment Period End............. 06/15/15 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Portia Wu, Assistant Secretary for Employment and Training, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 202-639-2700. RIN: 1205-AB74 174. Modernizing the Permanent Labor Certification Program (PERM) Legal Authority: 8 U.S.C. 1152(a)(5)(A); 20 CFR part 656 Abstract: The PERM regulations govern the labor certification process for employers seeking to employ foreign workers permanently in the United States. The Department of Labor (Department) has not comprehensively examined and modified the permanent labor certification requirements and process since 2004. Over the last ten years, much has changed in our country's economy, affecting employers' demand for workers and the availability of a qualified domestic labor force. Advances in technology and information dissemination have dramatically altered common industry recruitment practices, and the Department has received ongoing feedback that the existing regulatory requirements governing the PERM process frequently do not align with worker or industry needs and practices. Therefore, the Department is engaging in rulemaking that will consider options to modernize the PERM program to be more responsive to changes in the national workforce, to further align the program design with the objectives of the U.S. immigration system and needs of workers and employers, and to enhance the integrity of the labor certification process. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/00/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William W. Thompson II, Acting Administrator, Office of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., FP Building, Rm C-4312, Washington, DC 20210, Phone: 202 693-3010. RIN: 1205-AB75 DEPARTMENT OF LABOR (DOL) Employment and Training Administration (ETA) Completed Actions 175. Wage Methodology for the Temporary Non-Agricultural Employment H- 2B Program Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii(B); 8 U.S.C. 1148(c); 29 U.S.C. 49k; 8 CFR 214.2(h)(6)(iii) Abstract: The Immigration and Nationality Act (INA) establishes the H-2B visa classification for a non-agricultural temporary worker ``having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform . . . temporary [non-agricultural] service or labor if unemployed persons capable of performing such service or labor cannot be found in this country[.]'' 8 U.S.C. 1101(a)(15)(H)(ii)(b). The INA also requires an importing employer (H-2B employer) to petition the Department of Homeland Security (DHS) for classification of the prospective temporary worker as an H-2B nonimmigrant, and DHS must approve such petition before the beneficiary can be considered eligible for an H-2B visa or H-2B status. 8 U.S.C. 1184(c)(1). The INA further requires DHS to consult with ``appropriate agencies of the Government'' before adjudicating an H-2B petition, and DHS has determined that it must consult with the Department of Labor (DOL) to determine whether U.S. workers capable of performing the temporary services or labor are available and that the foreign worker's employment will not adversely affect the wages or working conditions of similarly employed U.S. workers. 8 CFR 214.2(h)(6)(iii)(A). DHS's regulation requires H-2B employers to obtain certification from DOL that these conditions are met prior to submitting a petition to DHS. Id. As part of DOL's certification, DHS requires DOL to determine the prevailing wage applicable to an application for temporary labor certification. 8 CFR 214.2(h)(6)(iii)(D). DOL has established procedures to certify whether a qualified U.S. worker is available to fill the petitioning H-2B employer's job opportunity and whether foreign worker's employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. See 20 CFR part 655, subpart A. As part of DOL's labor certification process and, pursuant to the DHS regulations, 8 CFR 214.2(h)(6)(iii)(D), DOL sets the wage that employers must offer and pay foreign workers entering the country on an H-2B visa. See 20 CFR 655.10. DOL revised the wage methodology used in the H-2B program in 2011, and jointly with the Department of Homeland Security again in 2013. The later action was an interim final rule (IFR) in response to a court order. However, DOL requested and received comments on all aspects of the 2013 revisions to the H-2B wage methodology in the IFR. DOL has determined that further notice and comment is appropriate on the proper methodology for determining the prevailing wage in the H-2B program, and will consider comments submitted in conjunction with the IFR together with comments submitted on this new proposal in order to issue a final rule. Timetable: [[Page 35051]] ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Withdrawn........................... 03/20/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lauren Bernstein, Acting Manager, Division of Policy, Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue NW., Room C-4312, FP Building, Washington, DC 20210, Phone: 202 693-3010, Email: [email protected]. RIN: 1205-AB72 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Prerule Stage 176. Bloodborne Pathogens (Section 610 Review) Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 655(b) Abstract: OSHA will undertake a review of the Bloodborne Pathogen Standard (29 CFR 1910.1030) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review will consider the continued need for the rule; whether the rule overlaps, duplicates, or conflicts with other Federal, State or local regulations; and the degree to which technology, economic conditions, or other factors may have changed since the rule was evaluated. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Begin Review........................ 10/22/09 Request for Comments Published...... 05/14/10 75 FR 27237 Comment Period End.................. 08/12/10 End Review and Issue Findings....... 09/00/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Amanda Edens, Director, Directorate of Technical Support and Emergency Management, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., FP Building, Room N-3653, Washington, DC 20210, Phone: 202 693-2300, Fax: 202 693-1644, Email: [email protected]. RIN: 1218-AC34 177. Combustible Dust Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657 Abstract: Occupational Safety and Health Administration (OSHA) has commenced rulemaking to develop a combustible dust standard for general industry. The U.S. Chemical Safety Board (CSB) completed a study of combustible dust hazards in late 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured another 718. Based on these findings, the CSB recommended the Agency pursue a rulemaking on this issue. OSHA has previously addressed aspects of this risk. For example, on July 31, 2005, OSHA published the Safety and Health Information Bulletin, ``Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions.'' Additionally, OSHA implemented a Combustible Dust National Emphasis Program (NEP) on March 11, 2008, launched a new Web page, and issued several other guidance documents. However, the Agency does not have a comprehensive standard that addresses combustible dust hazards. OSHA will use the information gathered from the NEP to assist in the development of this rule. OSHA published an ANPRM October 21, 2009. Additionally, stakeholder meetings were held in Washington, DC, on December 14, 2009, in Atlanta, GA, on February 17, 2010, and in Chicago, IL, on April 21, 2010. A webchat for combustible dust was also held on June 28, 2010, and an expert forum was convened on May 13, 2011. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 10/21/09 74 FR 54333 Stakeholder Meetings................ 12/14/09 ANPRM Comment Period End............ 01/19/10 Stakeholder Meetings................ 02/17/10 Stakeholders Meetings............... 03/09/10 75 FR 10739 Initiate SBREFA..................... 02/00/16 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: [email protected]. RIN: 1218-AC41 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Proposed Rule Stage 178. Occupational Exposure to Crystalline Silica Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657 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 50[micro]g/m3 and 25[micro]g/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. The NPRM was published on September 12, 2013 (78 FR 56274). OSHA received over 1,700 comments from the public on the proposed rule, and over 200 stakeholders provided testimony during public hearings on the proposal. The agency is now reviewing and considering the evidence in the rulemaking record. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Completed SBREFA Report............. 12/19/03 [[Page 35052]] Initiated Peer Review of Health 05/22/09 Effects and Risk Assessment. Completed Peer Review............... 01/24/10 NPRM................................ 09/12/13 78 FR 56274 NPRM Comment Period Extended; Notice 10/31/13 78 FR 65242 of Intention to Appear at Pub Hearing; Scheduling Pub Hearing. NPRM Comment Period Extended........ 01/29/14 79 FR 4641 Informal Public Hearing............. 03/18/14 Post Hearing Briefs Ends............ 08/18/14 Analyze Comments.................... 06/00/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: [email protected]. RIN: 1218-AB70 179. Occupational Exposure to Beryllium Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657 Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard for permissible exposure limit (PEL) to beryllium by the United Steel Workers (formerly the Paper Allied- Industrial, Chemical, and Energy Workers Union), Public Citizen Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium, including: current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected worksites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA convened a Small Business Advocacy Review Panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA) and completed the SBREFA Report in January 2008. OSHA also completed a scientific peer review of its draft risk assessment. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Request for Information............. 11/26/02 67 FR 70707 Request For Information Comment 02/24/03 Period End. SBREFA Report Completed............. 01/23/08 Initiated Peer Review of Health 03/22/10 Effects and Risk Assessment. Complete Peer Review................ 11/19/10 NPRM................................ 05/00/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: [email protected]. RIN: 1218-AB76 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Long-Term Actions 180. Infectious Diseases Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673; * * * Abstract: Employees in health care and other high-risk environments face long-standing infectious disease 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, Methicillin-resistant Staphylococcus aureus (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. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Request for Information (RFI)....... 05/06/10 75 FR 24835 RFI Comment Period End.............. 08/04/10 Analyze Comments.................... 12/30/10 Stakeholder Meetings................ 07/05/11 76 FR 39041 Initiate SBREFA..................... 06/04/14 Complete SBREFA..................... 12/22/14 NPRM................................ 12/00/16 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: [email protected]. RIN: 1218-AC46 181. Injury and Illness Prevention Program Legal Authority: 29 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657 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 [[Page 35053]] 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 program 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. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Notice of Stakeholder Meetings...... 05/04/10 75 FR 23637 Notice of Additional Stakeholder 06/22/10 75 FR 35360 Meetings. Initiate SBREFA..................... 01/06/12 ----------------------------------- NPRM................................ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William Perry, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: [email protected]. RIN: 1218-AC48 182. Preventing Backover Injuries and Fatalities Legal Authority: 29 U.S.C. 655(b) Abstract: OSHA published a Request for Information (RFI) (77 FR 18973; March 29, 2012) that sought information on two subjects: (1) Preventing backover injuries; and (2) the hazards and risks of reinforcing concrete operations in construction, including post- tensioning. 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 an object. Struck-by injuries and caught-between injuries are two of the four leading causes of workplace fatalities. The Bureau of Labor Statistics reports that in 2011, 75 workers were fatally backed over while working. While many backing incidents can prove to be fatal, workers can suffer severe, non-fatal injuries as well. A review of OSHA's Integrated Management Information System (IMIS) database found that backing incidents can result in serious injury to the back and pelvis, fractured bones, concussions, amputations, and other injuries. Emerging technologies in the field of backing operations may prevent incidents. The technologies include cameras and proximity detection systems. The use of spotters and internal traffic control plans can also make backing operations safer. The Agency has held stakeholder meetings on backovers, and is conducting site visits to employers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Request for Information (RFI)....... 03/29/12 77 FR 18973 RFI Comment Period End.............. 07/27/12 Initiate SBREFA..................... 06/00/16 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. 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, Email: [email protected]. RIN: 1218-AC51 DEPARTMENT OF LABOR (DOL) Occupational Safety and Health Administration (OSHA) Completed Actions 183. Confined Spaces in Construction Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333 Abstract: In 1993, OSHA issued a rule to protect employees who enter confined spaces while engaged in general industry work (29 CFR 1910.146). This standard has not been extended to cover employees entering confined spaces while engaged in construction work because of unique characteristics of construction work sites. Pursuant to discussions with the United Steel Workers of America that led to a settlement agreement regarding the general industry standard, OSHA agreed to issue a proposed rule to protect construction workers in confined spaces. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ SBREFA Panel Report................. 11/24/03 NPRM................................ 11/28/07 72 FR 67351 NPRM Comment Period End............. 01/28/08 NPRM Comment Period Extended........ 02/28/08 73 FR 3893 Public Hearing...................... 07/22/08 Close Record........................ 10/23/08 Final Rule.......................... 05/04/15 80 FR 25365 Final Rule Effective................ 08/03/15 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. 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, Email: [email protected]. RIN: 1218-AB47 [FR Doc. 2015-14356 Filed 6-17-15; 8:45 am] BILLING CODE 4510-04-P
![35050 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda
Department of Labor, Employment and workers permanently in the United performing such service or labor cannot
Training Administration, 200 States. The Department of Labor be found in this country[.]’’ 8 U.S.C.
Constitution Avenue NW., FP Building, (Department) has not comprehensively 1101(a)(15)(H)(ii)(b). The INA also
Washington, DC 20210, Phone: 202 639– examined and modified the permanent requires an importing employer (H–2B
2700. labor certification requirements and employer) to petition the Department of
RIN: 1205–AB73 process since 2004. Over the last ten Homeland Security (DHS) for
173. • Workforce Innovation and years, much has changed in our classification of the prospective
Opportunity Act; Joint Rule With U.S. country’s economy, affecting employers’ temporary worker as an H–2B
Department of Education for Combined demand for workers and the availability nonimmigrant, and DHS must approve
and Unified State Plans, Performance of a qualified domestic labor force. such petition before the beneficiary can
Accountability, and the One-Stop Advances in technology and be considered eligible for an H–2B visa
information dissemination have or H–2B status. 8 U.S.C. 1184(c)(1). The
System Joint Provisions
dramatically altered common industry
Legal Authority: Section 503(f) of the INA further requires DHS to consult
recruitment practices, and the
Workforce Innovation and Opportunity with ‘‘appropriate agencies of the
Department has received ongoing
Act (Pub. L. 113–128) Government’’ before adjudicating an H–
feedback that the existing regulatory
Abstract: On July 22, 2014, the requirements governing the PERM 2B petition, and DHS has determined
President signed the Workforce process frequently do not align with that it must consult with the
Innovation and Opportunity Act worker or industry needs and practices. Department of Labor (DOL) to determine
(WIOA) (Pub. L. 113–128) which repeals Therefore, the Department is engaging whether U.S. workers capable of
the Workforce Investment Act of 1998 in rulemaking that will consider options performing the temporary services or
(WIA). (29 U.S.C. 2801 et seq.) As to modernize the PERM program to be labor are available and that the foreign
directed by WIOA, the Departments of more responsive to changes in the worker’s employment will not adversely
Education and Labor must develop and national workforce, to further align the affect the wages or working conditions
issue a Notice of Proposed Rulemaking program design with the objectives of of similarly employed U.S. workers. 8
(NPRM) to implement the changes in the U.S. immigration system and needs CFR 214.2(h)(6)(iii)(A). DHS’s regulation
regulations that WIOA makes to the of workers and employers, and to requires H–2B employers to obtain
public workforce system regarding enhance the integrity of the labor certification from DOL that these
Combined and Unified State Plans, certification process. conditions are met prior to submitting a
performance accountability for WIOA Timetable: petition to DHS. Id. As part of DOL’s
title I, title II, title III, and title IV certification, DHS requires DOL to
programs, and the one-stop delivery Action Date FR Cite determine the prevailing wage
system.
Therefore, the Departments of Labor NPRM .................. 12/00/15 applicable to an application for
and Education will issue a joint NPRM temporary labor certification. 8 CFR
that will include regulations governing Regulatory Flexibility Analysis 214.2(h)(6)(iii)(D). DOL has established
the Combined and Unified State Plans, Required: Yes. procedures to certify whether a
performance accountability system and Agency Contact: William W. qualified U.S. worker is available to fill
One-Stop Delivery System and One- Thompson II, Acting Administrator, the petitioning H–2B employer’s job
Stop Centers, as both Departments are Office of Foreign Labor Certification, opportunity and whether foreign
required to jointly implement these Department of Labor, Employment and worker’s employment in the job
provisions of WIOA. All of the other Training Administration, 200 opportunity will adversely affect the
regulations implementing WIOA will be Constitution Avenue NW., FP Building, wages or working conditions of
published by the Departments of Labor Rm C–4312, Washington, DC 20210, similarly employed U.S. workers. See 20
and Education in separate NPRMs. Phone: 202 693–3010. CFR part 655, subpart A. As part of
Timetable: RIN: 1205–AB75 DOL’s labor certification process and,
pursuant to the DHS regulations, 8 CFR
Action Date FR Cite 214.2(h)(6)(iii)(D), DOL sets the wage
DEPARTMENT OF LABOR (DOL) that employers must offer and pay
NPRM .................. 04/16/15 80 FR 20574
foreign workers entering the country on
NPRM Comment 06/15/15 Employment and Training
Period End. an H–2B visa. See 20 CFR 655.10. DOL
Administration (ETA)
revised the wage methodology used in
Regulatory Flexibility Analysis Completed Actions the H–2B program in 2011, and jointly
Required: Yes. 175. Wage Methodology for the with the Department of Homeland
Agency Contact: Portia Wu, Assistant Temporary Non-Agricultural Security again in 2013. The later action
Secretary for Employment and Training, Employment H–2B Program was an interim final rule (IFR) in
Department of Labor, Employment and response to a court order. However,
Training Administration, 200 Legal Authority: 8 U.S.C. DOL requested and received comments
Constitution Avenue NW., FP Building, 1101(a)(15)(H)(ii(B); 8 U.S.C. 1148(c); 29 on all aspects of the 2013 revisions to
Washington, DC 20210, Phone: 202– U.S.C. 49k; 8 CFR 214.2(h)(6)(iii)
Abstract: The Immigration and the H–2B wage methodology in the IFR.
639–2700. DOL has determined that further notice
Nationality Act (INA) establishes the
tkelley on DSK3SPTVN1PROD with PROPOSALS 11
RIN: 1205–AB74 and comment is appropriate on the
H–2B visa classification for a non-
174. • Modernizing the Permanent agricultural temporary worker ‘‘having a proper methodology for determining the
Labor Certification Program (PERM) residence in a foreign country which he prevailing wage in the H–2B program,
Legal Authority: 8 U.S.C. has no intention of abandoning who is and will consider comments submitted
1152(a)(5)(A); 20 CFR part 656 coming temporarily to the United States in conjunction with the IFR together
Abstract: The PERM regulations to perform . . . temporary [non- with comments submitted on this new
govern the labor certification process for agricultural] service or labor if proposal in order to issue a final rule.
employers seeking to employ foreign unemployed persons capable of Timetable:
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![Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda 35053
processes. The Agency currently has equipment pin a worker against an DEPARTMENT OF LABOR (DOL)
voluntary Safety and Health Program object. Struck-by injuries and caught-
Occupational Safety and Health
Management Guidelines (54 FR 3904 to between injuries are two of the four Administration (OSHA)
3916), published in 1989. An injury and leading causes of workplace fatalities.
illness prevention program rule would The Bureau of Labor Statistics reports Completed Actions
build on these guidelines as well as that in 2011, 75 workers were fatally 183. Confined Spaces in Construction
lessons learned from successful backed over while working. While many
approaches and best practices under backing incidents can prove to be fatal, Legal Authority: 29 U.S.C. 655(b); 40
OSHA’s Voluntary Protection Program, workers can suffer severe, non-fatal U.S.C. 333
Safety and Health Achievement injuries as well. A review of OSHA’s Abstract: In 1993, OSHA issued a rule
Recognition Program, and similar to protect employees who enter
Integrated Management Information
industry and international initiatives confined spaces while engaged in
System (IMIS) database found that
such as American National Standards general industry work (29 CFR
backing incidents can result in serious
Institute/American Industrial Hygiene 1910.146). This standard has not been
injury to the back and pelvis, fractured extended to cover employees entering
Association Z10, and Occupational
Health and Safety Assessment Series bones, concussions, amputations, and confined spaces while engaged in
18001. other injuries. Emerging technologies in construction work because of unique
Timetable: the field of backing operations may characteristics of construction work
prevent incidents. The technologies sites. Pursuant to discussions with the
Action Date FR Cite include cameras and proximity United Steel Workers of America that
detection systems. The use of spotters led to a settlement agreement regarding
Notice of Stake- 05/04/10 75 FR 23637 and internal traffic control plans can the general industry standard, OSHA
holder Meetings. also make backing operations safer. The agreed to issue a proposed rule to
Notice of Addi- 06/22/10 75 FR 35360
tional Stake-
Agency has held stakeholder meetings protect construction workers in
holder Meetings. on backovers, and is conducting site confined spaces.
Initiate SBREFA .. 01/06/12 visits to employers. Timetable:
Timetable:
NPRM .................. To Be Determined Action Date FR Cite
Action Date FR Cite SBREFA Panel 11/24/03
Regulatory Flexibility Analysis
Required: Yes. Report.
Request for Infor- 03/29/12 77 FR 18973 NPRM .................. 11/28/07 72 FR 67351
Agency Contact: William Perry, mation (RFI). NPRM Comment 01/28/08
Director, Directorate of Standards and RFI Comment Pe- 07/27/12 Period End.
Guidance, Department of Labor, riod End. NPRM Comment 02/28/08 73 FR 3893
Occupational Safety and Health Initiate SBREFA .. 06/00/16 Period Ex-
Administration, 200 Constitution tended.
Avenue NW., Room N–3718, FP Regulatory Flexibility Analysis Public Hearing ..... 07/22/08
Building, Washington, DC 20210, Close Record ...... 10/23/08
Required: Yes. Final Rule ............ 05/04/15 80 FR 25365
Phone: 202 693–1950, Fax: 202 693–
1678, Email: perry.bill@dol.gov. Agency Contact: Jim Maddux, Final Rule Effec- 08/03/15
RIN: 1218–AC48 Director, Directorate of Construction, tive.
Department of Labor, Occupational
182. Preventing Backover Injuries and Safety and Health Administration, Regulatory Flexibility Analysis
Fatalities Room N–3468, FP Building, 200 Required: Yes.
Legal Authority: 29 U.S.C. 655(b) Constitution Avenue NW., Washington, Agency Contact: Jim Maddux,
Abstract: OSHA published a Request DC 20210, Phone: 202 693–2020, Fax: Director, Directorate of Construction,
for Information (RFI) (77 FR 18973; 202 693–1689, Email: maddux.jim@ Department of Labor, Occupational
March 29, 2012) that sought information dol.gov. Safety and Health Administration,
on two subjects: (1) Preventing backover Room N–3468, FP Building, 200
RIN: 1218–AC51 Constitution Avenue NW., Washington,
injuries; and (2) the hazards and risks of
reinforcing concrete operations in DC 20210, Phone: 202 693–2020, Fax:
construction, including post-tensioning. 202 693–1689, Email: maddux.jim@
Backing vehicles and equipment are dol.gov.
common causes of struck-by injuries RIN: 1218–AB47
and can also cause caught-between [FR Doc. 2015–14356 Filed 6–17–15; 8:45 am]
injuries when backing vehicles and BILLING CODE 4510–04–P
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Document Created: 2018-02-22 11:12:02
Document Modified: 2018-02-22 11:12:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Unknown Section | |
| Action | Semiannual regulatory agenda. | |
| Contact | Kathleen Franks, Director, Office of Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC 20210; (202) 693-5959. | |
| FR Citation | 80 FR 35048 | |
| CFR Citation | 30 Title 30 CFR Chapter I 41 Title 41 CFR Chapter 60 48 Title 48 CFR Chapter 29 |
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