80_FR_78232 80 FR 77992 - Semiannual Agenda of Regulations

80 FR 77992 - Semiannual Agenda of Regulations

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range77992-77996
FR Document2015-30627

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.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 77992-77996]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30627]



[[Page 77991]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XIII





Department of Labor





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Semiannual Regulatory Agenda

Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda

[[Page 77992]]


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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


Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, 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. There is only one item on the Department 
of Labor's Regulatory Flexibility Agenda:

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

    In addition, the Department's Regulatory Plan, also a subset of the 
Department's regulatory agenda, is being published in the Federal 
Register. The Regulatory Plan contains a statement of the Department's 
regulatory priorities and the regulatory actions the Department wants 
to highlight as its most important and significant.
    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.
------------------------------------------------------------------------
323..........................  Establishing Paid Sick          1235-AA13
                                Leave for Contractors,
                                Executive Order 13706
                                (Reg Plan Seq No. 77).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                Wage and Hour Division--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
324..........................  Defining and Delimiting         1235-AA11
                                the Exemptions for
                                Executive,
                                Administrative,
                                Professional, Outside
                                Sales, and Computer
                                Employees (Reg Plan
                                Seq No. 78).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


       Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
325..........................  Workforce Innovation            1205-AB73
                                and Opportunity Act
                                (Reg Plan Seq No. 79).
326..........................  Workforce Innovation            1205-AB74
                                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.
327..........................  Modernizing the                 1205-AB75
                                Permanent Labor
                                Certification Program
                                (PERM).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


        Employment and Training Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
328..........................  Temporary Agricultural          1205-AB70
                                Employment of H-2A
                                Foreign Workers in the
                                Herding or Production
                                of Livestock on the
                                Range in the United
                                States.
------------------------------------------------------------------------


[[Page 77993]]


      Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
329..........................  Bloodborne Pathogens            1218-AC34
                                (Section 610 Review).
330..........................  Combustible Dust.......         1218-AC41
331..........................  Preventing Backover             1218-AC51
                                Injuries and
                                Fatalities.
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
332..........................  Occupational Exposure           1218-AB76
                                to Beryllium.
------------------------------------------------------------------------


     Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
333..........................  Occupational Exposure           1218-AB70
                                to Crystalline Silica
                                (Reg Plan Seq No. 84).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
334..........................  Infectious Diseases....         1218-AC46
335..........................  Injury and Illness              1218-AC48
                                Prevention Program.
------------------------------------------------------------------------


DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Proposed Rule Stage

323.  Establishing Paid Sick Leave for Contractors, Executive 
Order 13706

    Regulatory Plan: This entry is Seq. No. 77 in part II of this issue 
of the Federal Register.
    RIN: 1235-AA13

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Final Rule Stage

324. Defining and Delimiting the Exemptions for Executive, 
Administrative, Professional, Outside Sales, and Computer Employees

    Regulatory Plan: This entry is Seq. No. 78 in part II of this issue 
of the Federal Register.
    RIN: 1235-AA11

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

325. Workforce Innovation and Opportunity Act

    Regulatory Plan: This entry is Seq. No. 79 in part II of this issue 
of the Federal Register.
    RIN: 1205-AB73

326. 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 issued a 
Notice of Proposed Rulemaking (NPRM) on April 16, 2015 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.
    All of the other regulations implementing WIOA were published by 
the Departments of Labor and Education in separate NPRMs. The 
Departments are analyzing the comments received and developing a final 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20574
NPRM Comment Period End.............   06/15/15
Analyze Comments....................   11/00/15
------------------------------------------------------------------------

    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

327. Modernizing the Permanent Labor Certification Program (PERM)

    Legal Authority: 8 U.S.C. 1152(a)(5)(A)
    Abstract: The PERM regulations govern the labor certification 
process for employers seeking to employ foreign

[[Page 77994]]

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................................   04/00/16
------------------------------------------------------------------------

    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

328. Temporary Agricultural Employment of H-2A Foreign Workers in the 
Herding or Production of Livestock on the 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 have 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..........................   10/15/15  80 FR 62957
Final Rule Effective................   11/16/15
------------------------------------------------------------------------

    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

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

329. 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.......   12/00/15
------------------------------------------------------------------------

    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

330. 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

[[Page 77995]]

 
ANPRM Comment Period End............   01/19/10
Stakeholder Meetings................   02/17/10
Stakeholders Meetings...............   03/09/10  75 FR 10739
Initiate SBREFA.....................   08/00/16
------------------------------------------------------------------------

    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

331. 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.....................   09/00/16
------------------------------------------------------------------------

    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)

Proposed Rule Stage

332. 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................................   08/07/15  80 FR 47565
NPRM Comment Period End.............   11/05/15
Analyze Comments....................   12/00/15
------------------------------------------------------------------------

    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)

Final Rule Stage

333. Occupational Exposure to Crystalline Silica

    Regulatory Plan: This entry is Seq. No. 84 in part II of this issue 
of the Federal Register.
    RIN: 1218-AB70

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

334. 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

[[Page 77996]]

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

335. 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 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

[FR Doc. 2015-30627 Filed 12-14-15; 8:45 am]
BILLING CODE 4510-04-P



                                                      77992                      Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      DEPARTMENT OF LABOR                                           Assistant Secretary for Policy, U.S.                       regulatory flexibility agenda is a subset
                                                                                                                    Department of Labor, 200 Constitution                      of the Department’s semiannual
                                                      Office of the Secretary                                       Avenue NW., Room S–2312,                                   regulatory agenda. There is only one
                                                                                                                    Washington, DC 20210; (202) 693–5959.                      item on the Department of Labor’s
                                                      20 CFR Chs. I, IV, V, VI, VII, and IX                           Note: Information pertaining to a specific               Regulatory Flexibility Agenda:
                                                                                                                    regulation can be obtained from the agency
                                                      29 CFR Subtitle A and Chs. II, IV, V,                         contact listed for that particular regulation.
                                                      XVII, and XXV
                                                                                                                    SUPPLEMENTARY INFORMATION:       Executive                 Occupational Safety and Health
                                                      30 CFR Ch. I                                                  Order 12866 requires the semiannual                        Administration
                                                                                                                    publication of an agenda of regulations
                                                                                                                                                                               Bloodborne Pathogens (RIN 1218–AC34)
                                                      41 CFR Ch. 60                                                 that contains a listing of all the
                                                                                                                    regulations the Department of Labor                          In addition, the Department’s
                                                      48 CFR Ch. 29                                                 expects to have under active                               Regulatory Plan, also a subset of the
                                                                                                                    consideration for promulgation,                            Department’s regulatory agenda, is being
                                                      Semiannual Agenda of Regulations                              proposal, or review during the coming                      published in the Federal Register. The
                                                                                                                    one-year period. The entirety of the                       Regulatory Plan contains a statement of
                                                      AGENCY:      Office of the Secretary, Labor                   Department’s semiannual agenda is                          the Department’s regulatory priorities
                                                      ACTION:     Semiannual regulatory agenda.                     available online at www.reginfo.gov.                       and the regulatory actions the
                                                                                                                       The Regulatory Flexibility Act (5                       Department wants to highlight as its
                                                      SUMMARY:  The Internet has become the                         U.S.C. 602) requires DOL to publish in                     most important and significant.
                                                      means for disseminating the entirety of                       the Federal Register a regulatory
                                                      the Department of Labor’s semiannual                                                                                       All interested members of the public
                                                                                                                    flexibility agenda. The Department’s                       are invited and encouraged to let
                                                      regulatory agenda. However, the                               Regulatory Flexibility Agenda published
                                                      Regulatory Flexibility Act requires                                                                                      departmental officials know how our
                                                                                                                    with this notice, includes only those                      regulatory efforts can be improved, and
                                                      publication of a regulatory flexibility                       rules on its semiannual agenda that are
                                                      agenda in the Federal Register. This                                                                                     are invited to participate in and
                                                                                                                    likely to have a significant economic                      comment on the review or development
                                                      Federal Register Notice contains the                          impact on a substantial number of small
                                                      regulatory flexibility agenda.                                                                                           of the regulations listed on the
                                                                                                                    entities; and those rules identified for                   Department’s agenda.
                                                      FOR FURTHER INFORMATION CONTACT:                              periodic review in keeping with the
                                                      Kathleen Franks, Director, Office of                          requirements of section 610 of the                         Thomas E. Perez,
                                                      Regulatory Policy, Office of the                              Regulatory Flexibility Act. Thus, the                      Secretary of Labor.

                                                                                                          WAGE AND HOUR DIVISION—PROPOSED RULE STAGE
                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                         Title                                                                 Identifier No.

                                                      323 ....................   Establishing Paid Sick Leave for Contractors, Executive Order 13706 (Reg Plan Seq No. 77) ...................                        1235–AA13
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

                                                                                                              WAGE AND HOUR DIVISION—FINAL RULE STAGE
                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                         Title                                                                 Identifier No.

                                                      324 ....................   Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and                               1235–AA11
                                                                                   Computer Employees (Reg Plan Seq No. 78).
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

                                                                                             EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                         Title                                                                 Identifier No.

                                                      325 ....................   Workforce Innovation and Opportunity Act (Reg Plan Seq No. 79) ...............................................................       1205–AB73
                                                      326 ....................   Workforce Innovation and Opportunity Act; Joint Rule with U.S. Department of Education for Combined                                  1205–AB74
                                                                                  and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions.
                                                      327 ....................   Modernizing the Permanent Labor Certification Program (PERM) ..................................................................      1205–AB75
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                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

                                                                                                EMPLOYMENT AND TRAINING ADMINISTRATION—COMPLETED ACTIONS
                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                         Title                                                                 Identifier No.

                                                      328 ....................   Temporary Agricultural Employment of H–2A Foreign Workers in the Herding or Production of Livestock                                  1205–AB70
                                                                                   on the Range in the United States.




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                                                                                 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                                                                        77993

                                                                                               OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE
                                                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                                        Title                                                                                  Identifier No.

                                                      329 ....................   Bloodborne Pathogens (Section 610 Review) ................................................................................................                           1218–AC34
                                                      330 ....................   Combustible Dust .............................................................................................................................................       1218–AC41
                                                      331 ....................   Preventing Backover Injuries and Fatalities .....................................................................................................                    1218–AC51


                                                                                        OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                                        Title                                                                                  Identifier No.

                                                      332 ....................   Occupational Exposure to Beryllium ................................................................................................................                  1218–AB76


                                                                                             OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE
                                                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                                        Title                                                                                  Identifier No.

                                                      333 ....................   Occupational Exposure to Crystalline Silica (Reg Plan Seq No. 84) .............................................................                                      1218–AB70
                                                         References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

                                                                                           OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS
                                                                                                                                                                                                                                                    Regulation
                                                        Sequence No.                                                                                        Title                                                                                  Identifier No.

                                                      334 ....................   Infectious Diseases ..........................................................................................................................................       1218–AC46
                                                      335 ....................   Injury and Illness Prevention Program .............................................................................................................                  1218–AC48



                                                      DEPARTMENT OF LABOR (DOL)                                              DEPARTMENT OF LABOR (DOL)                                                title I, title II, title III, and title IV
                                                                                                                                                                                                      programs, and the one-stop delivery
                                                      Wage and Hour Division (WHD)                                           Employment and Training
                                                                                                                                                                                                      system.
                                                                                                                             Administration (ETA)                                                        All of the other regulations
                                                      Proposed Rule Stage
                                                                                                                             Proposed Rule Stage                                                      implementing WIOA were published by
                                                      323. • Establishing Paid Sick Leave for                                                                                                         the Departments of Labor and Education
                                                      Contractors, Executive Order 13706                                     325. Workforce Innovation and                                            in separate NPRMs. The Departments
                                                                                                                             Opportunity Act                                                          are analyzing the comments received
                                                        Regulatory Plan: This entry is Seq.                                    Regulatory Plan: This entry is Seq.                                    and developing a final rule.
                                                      No. 77 in part II of this issue of the                                 No. 79 in part II of this issue of the                                      Timetable:
                                                      Federal Register.                                                      Federal Register.
                                                        RIN: 1235–AA13                                                         RIN: 1205–AB73                                                                   Action                   Date          FR Cite
                                                                                                                             326. Workforce Innovation and                                            NPRM ..................           04/16/15    80 FR 20574
                                                                                                                             Opportunity Act; Joint Rule With U.S.                                    NPRM Comment                      06/15/15
                                                      DEPARTMENT OF LABOR (DOL)                                              Department of Education for Combined                                       Period End.
                                                                                                                             and Unified State Plans, Performance                                     Analyze Com-                      11/00/15
                                                      Wage and Hour Division (WHD)                                           Accountability, and the One-Stop                                           ments.
                                                      Final Rule Stage                                                       System Joint Provisions
                                                                                                                                                                                                        Regulatory Flexibility Analysis
                                                                                                                               Legal Authority: Section 503(f) of the                                 Required: Yes.
                                                      324. Defining and Delimiting the
                                                                                                                             Workforce Innovation and Opportunity                                       Agency Contact: Portia Wu, Assistant
                                                      Exemptions for Executive,
                                                                                                                             Act (Pub. L. 113–128)                                                    Secretary for Employment and Training,
                                                      Administrative, Professional, Outside                                    Abstract: On July 22, 2014, the
                                                      Sales, and Computer Employees                                                                                                                   Department of Labor, Employment and
                                                                                                                             President signed the Workforce                                           Training Administration, 200
                                                        Regulatory Plan: This entry is Seq.                                  Innovation and Opportunity Act                                           Constitution Avenue NW., FP Building,
                                                      No. 78 in part II of this issue of the                                 (WIOA) (Pub. L. 113–128) which repeals                                   Washington, DC 20210, Phone: 202 639–
                                                                                                                             the Workforce Investment Act of 1998
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                                                      Federal Register.                                                                                                                               2700.
                                                                                                                             (WIA). (29 U.S.C. 2801 et seq.) As                                         RIN: 1205–AB74
                                                        RIN: 1235–AA11                                                       directed by WIOA, the Departments of
                                                                                                                             Education and Labor issued a Notice of                                   327. Modernizing the Permanent Labor
                                                                                                                             Proposed Rulemaking (NPRM) on April                                      Certification Program (PERM)
                                                                                                                             16, 2015 to implement the changes in                                       Legal Authority: 8 U.S.C.
                                                                                                                             regulations that WIOA makes to the                                       1152(a)(5)(A)
                                                                                                                             public workforce system regarding                                          Abstract: The PERM regulations
                                                                                                                             Combined and Unified State Plans,                                        govern the labor certification process for
                                                                                                                             performance accountability for WIOA                                      employers seeking to employ foreign


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                                                      77994                     Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      workers permanently in the United                         other employment standards for these                          Action             Date        FR Cite
                                                      States. The Department of Labor                           occupations have been set in the past by
                                                      (Department) has not comprehensively                      sub-regulatory guidance. ETA is                         Comment Period          08/12/10
                                                      examined and modified the permanent                       engaging in this regulatory action to                     End.
                                                      labor certification requirements and                      establish standards for wages and                       End Review and          12/00/15
                                                      process since 2004. Over the last ten                     working conditions in these occupations                   Issue Findings.
                                                      years, much has changed in our                            based on input from the regulated
                                                      country’s economy, affecting employers’                   community.                                                Regulatory Flexibility Analysis
                                                      demand for workers and the availability                     Timetable:                                            Required: No.
                                                      of a qualified domestic labor force.                                                                                Agency Contact: Amanda Edens,
                                                      Advances in technology and                                       Action                 Date         FR Cite      Director, Directorate of Technical
                                                      information dissemination have                                                                                    Support and Emergency Management,
                                                      dramatically altered common industry                      NPRM ..................   04/15/15     80 FR 20300      Department of Labor, Occupational
                                                      recruitment practices, and the                            NPRM Comment              05/15/15                      Safety and Health Administration, 200
                                                                                                                  Period End.                                           Constitution Avenue NW., FP Building,
                                                      Department has received ongoing                           NPRM Comment              05/05/15     80 FR 25633
                                                      feedback that the existing regulatory                                                                             Room N–3653, Washington, DC 20210,
                                                                                                                  Period Ex-
                                                      requirements governing the PERM                             tended.
                                                                                                                                                                        Phone: 202 693–2300, Fax: 202 693–
                                                      process frequently do not align with                      NPRM Comment              06/01/15                      1644, Email: edens.mandy@dol.gov.
                                                      worker or industry needs and practices.                     Period Ex-                                              RIN: 1218–AC34
                                                      Therefore, the Department is engaging                       tended End.                                           330. Combustible Dust
                                                      in rulemaking that will consider options                  Final Rule ............   10/15/15     80 FR 62957
                                                      to modernize the PERM program to be                       Final Rule Effec-         11/16/15                         Legal Authority: 29 U.S.C. 655(b); 29
                                                      more responsive to changes in the                           tive.                                                 U.S.C. 657
                                                      national workforce, to further align the                                                                             Abstract: Occupational Safety and
                                                      program design with the objectives of                       Regulatory Flexibility Analysis                       Health Administration (OSHA) has
                                                      the U.S. immigration system and needs                     Required: Yes.                                          commenced rulemaking to develop a
                                                      of workers and employers, and to                            Agency Contact: Janet Banos,                          combustible dust standard for general
                                                      enhance the integrity of the labor                        Department of Labor, Employment and                     industry. The U.S. Chemical Safety
                                                      certification process.                                    Training Administration, Division of                    Board (CSB) completed a study of
                                                        Timetable:                                              Policy, Office of Foreign Labor                         combustible dust hazards in late 2006,
                                                                                                                Certification, 200 Constitution Avenue                  which identified 281 combustible dust
                                                             Action                Date          FR Cite        NW., Room C–4312, FP Building,                          incidents between 1980 and 2005 that
                                                                                                                Washington, DC 20210, Phone: 202 693–                   killed 119 workers and injured another
                                                      NPRM ..................     04/00/16                      3010, Email: banos.janet@dol.gov.                       718. Based on these findings, the CSB
                                                                                                                  RIN: 1205–AB70                                        recommended the Agency pursue a
                                                        Regulatory Flexibility Analysis
                                                                                                                                                                        rulemaking on this issue. OSHA has
                                                      Required: Yes.
                                                        Agency Contact: William W.                                                                                      previously addressed aspects of this
                                                      Thompson II, Acting Administrator,                        DEPARTMENT OF LABOR (DOL)                               risk. For example, on July 31, 2005,
                                                      Office of Foreign Labor Certification,                                                                            OSHA published the Safety and Health
                                                                                                                Occupational Safety and Health                          Information Bulletin, ‘‘Combustible
                                                      Department of Labor, Employment and                       Administration (OSHA)
                                                      Training Administration, 200                                                                                      Dust in Industry: Preventing and
                                                      Constitution Avenue NW., FP Building,                     Prerule Stage                                           Mitigating the Effects of Fire and
                                                      Rm. C–4312, Washington, DC 20210,                                                                                 Explosions.’’ Additionally, OSHA
                                                                                                                329. Bloodborne Pathogens (Section 610                  implemented a Combustible Dust
                                                      Phone: 202 693–3010.                                      Review)
                                                        RIN: 1205–AB75                                                                                                  National Emphasis Program (NEP) on
                                                                                                                  Legal Authority: 5 U.S.C. 533; 5 U.S.C.               March 11, 2008, launched a new Web
                                                                                                                610; 29 U.S.C. 655(b)                                   page, and issued several other guidance
                                                                                                                  Abstract: OSHA will undertake a                       documents. However, the Agency does
                                                      DEPARTMENT OF LABOR (DOL)                                 review of the Bloodborne Pathogen                       not have a comprehensive standard that
                                                      Employment and Training                                   Standard (29 CFR 1910.1030) in                          addresses combustible dust hazards.
                                                      Administration (ETA)                                      accordance with the requirements of the                 OSHA will use the information gathered
                                                                                                                Regulatory Flexibility Act and section 5                from the NEP to assist in the
                                                      Completed Actions                                         of Executive Order 12866. The review                    development of this rule. OSHA
                                                      328. Temporary Agricultural                               will consider the continued need for the                published an ANPRM October 21, 2009.
                                                      Employment of H–2A Foreign Workers                        rule; whether the rule overlaps,                        Additionally, stakeholder meetings were
                                                      in the Herding or Production of                           duplicates, or conflicts with other                     held in Washington, DC, on December
                                                      Livestock on the Range in the United                      Federal, State or local regulations; and                14, 2009, in Atlanta, GA, on February
                                                      States                                                    the degree to which technology,                         17, 2010, and in Chicago, IL, on April
                                                                                                                economic conditions, or other factors                   21, 2010. A webchat for combustible
                                                        Legal Authority: 8 U.S.C. 1188
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                                                                                                                may have changed since the rule was                     dust was also held on June 28, 2010,
                                                        Abstract: Office of Foreign Labor
                                                                                                                evaluated.                                              and an expert forum was convened on
                                                      Certification of the Employment and
                                                                                                                  Timetable:                                            May 13, 2011.
                                                      Training Administration (ETA) has
                                                                                                                                                                           Timetable:
                                                      established special procedures for
                                                                                                                       Action                 Date         FR Cite
                                                      certain occupations, including long-                                                                                    Action             Date        FR Cite
                                                      established variances for sheepherding,                   Begin Review ......       10/22/09
                                                      goat herding, and occupations involving                   Request for Com-          05/14/10     75 FR 27237      ANPRM ...............   10/21/09   74 FR 54333
                                                      the open range production of livestock.                     ments Pub-                                            Stakeholder Meet-       12/14/09
                                                      The wage-setting methodology and                            lished.                                                 ings.



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                                                                           Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                                  77995

                                                             Action             Date           FR Cite               Action                Date         FR Cite             Action              Date        FR Cite

                                                      ANPRM Comment           01/19/10                        Initiate SBREFA ..       09/00/16                      Request for Infor-        11/26/02   67 FR 70707
                                                         Period End.                                                                                                    mation.
                                                      Stakeholder Meet-       02/17/10                                                                               Request for Infor-        02/24/03
                                                         ings.
                                                                                                                Regulatory Flexibility Analysis                         mation Com-
                                                      Stakeholders            03/09/10      75 FR 10739       Required: Yes.                                            ment Period
                                                         Meetings.                                              Agency Contact: Jim Maddux,                             End.
                                                      Initiate SBREFA ..      08/00/16                        Director, Directorate of Construction,                 SBREFA Report             01/23/08
                                                                                                              Department of Labor, Occupational                         Completed.
                                                        Regulatory Flexibility Analysis                                                                              Initiated Peer Re-        03/22/10
                                                                                                              Safety and Health Administration,                         view of Health
                                                      Required: Yes.                                          Room N–3468, FP Building, 200
                                                        Agency Contact: William Perry,                                                                                  Effects and
                                                                                                              Constitution Avenue NW., Washington,                      Risk Assess-
                                                      Director, Directorate of Standards and
                                                                                                              DC 20210, Phone: 202 693–2020, Fax:                       ment.
                                                      Guidance, Department of Labor,                                                                                 Complete Peer             11/19/10
                                                                                                              202 693–1689, Email: maddux.jim@
                                                      Occupational Safety and Health                                                                                    Review.
                                                      Administration, 200 Constitution                        dol.gov.
                                                                                                                                                                     NPRM ..................   08/07/15   80 FR 47565
                                                      Avenue NW., Room N–3718, FP                               RIN: 1218–AC51                                       NPRM Comment              11/05/15
                                                      Building, Washington, DC 20210,                                                                                   Period End.
                                                      Phone: 202 693–1950, Fax: 202 693–                                                                             Analyze Com-              12/00/15
                                                      1678, Email: perry.bill@dol.gov.                                                                                  ments.
                                                                                                              DEPARTMENT OF LABOR (DOL)
                                                        RIN: 1218–AC41
                                                                                                              Occupational Safety and Health                           Regulatory Flexibility Analysis
                                                      331. Preventing Backover Injuries and                                                                          Required: Yes.
                                                      Fatalities                                              Administration (OSHA)
                                                                                                                                                                       Agency Contact: William Perry,
                                                        Legal Authority: 29 U.S.C. 655(b)                     Proposed Rule Stage                                    Director, Directorate of Standards and
                                                        Abstract: OSHA published a Request                                                                           Guidance, Department of Labor,
                                                                                                              332. Occupational Exposure to                          Occupational Safety and Health
                                                      for Information (RFI) (77 FR 18973;
                                                                                                              Beryllium                                              Administration, 200 Constitution
                                                      March 29, 2012) that sought information
                                                      on two subjects: (1) Preventing backover                   Legal Authority: 29 U.S.C. 655(b); 29               Avenue NW., Room N–3718, FP
                                                      injuries; and (2) the hazards and risks of              U.S.C. 657                                             Building, Washington, DC 20210,
                                                      reinforcing concrete operations in                                                                             Phone: 202 693–1950, Fax: 202 693–
                                                      construction, including post-tensioning.                   Abstract: In 1999 and 2001, OSHA                    1678, Email: perry.bill@dol.gov.
                                                      Backing vehicles and equipment are                      was petitioned to issue an emergency                     RIN: 1218–AB76
                                                      common causes of struck-by injuries                     temporary standard for permissible
                                                      and can also cause caught-between                       exposure limit (PEL) to beryllium by the
                                                      injuries when backing vehicles and                      United Steel Workers (formerly the
                                                                                                              Paper Allied-Industrial, Chemical, and                 DEPARTMENT OF LABOR (DOL)
                                                      equipment pin a worker against an
                                                      object. Struck-by injuries and caught-                  Energy Workers Union), Public Citizen                  Occupational Safety and Health
                                                      between injuries are two of the four                    Health Research Group, and others. The                 Administration (OSHA)
                                                      leading causes of workplace fatalities.                 Agency denied the petitions but stated
                                                                                                              its intent to begin data gathering to                  Final Rule Stage
                                                      The Bureau of Labor Statistics reports
                                                      that in 2011, 75 workers were fatally                   collect needed information on                          333. Occupational Exposure to
                                                      backed over while working. While many                   beryllium’s toxicity, risks, and patterns              Crystalline Silica
                                                      backing incidents can prove to be fatal,                of usage. On November 26, 2002, OSHA                     Regulatory Plan: This entry is Seq.
                                                      workers can suffer severe, non-fatal                    published a Request for Information                    No. 84 in part II of this issue of the
                                                      injuries as well. A review of OSHA’s                    (RFI) (67 FR 70707) to solicit                         Federal Register.
                                                      Integrated Management Information                       information pertinent to occupational                    RIN: 1218–AB70
                                                      System (IMIS) database found that                       exposure to beryllium, including:
                                                      backing incidents can result in serious                 Current exposures to beryllium; the
                                                      injury to the back and pelvis, fractured                relationship between exposure to
                                                      bones, concussions, amputations, and                    beryllium and the development of                       DEPARTMENT OF LABOR (DOL)
                                                      other injuries. Emerging technologies in                adverse health effects; exposure                       Occupational Safety and Health
                                                      the field of backing operations may                     assessment and monitoring methods;                     Administration (OSHA)
                                                      prevent incidents. The technologies                     exposure control methods; and medical
                                                      include cameras and proximity                           surveillance. In addition, the Agency                  Long-Term Actions
                                                      detection systems. The use of spotters                  conducted field surveys of selected                    334. Infectious Diseases
                                                      and internal traffic control plans can                  worksites to assess current exposures
                                                                                                                                                                       Legal Authority: 5 U.S.C. 533; 29
                                                      also make backing operations safer. The                 and control methods being used to
                                                                                                                                                                     U.S.C. 657 and 658; 29 U.S.C. 660; 29
                                                      Agency has held stakeholder meetings                    reduce employee exposures to
                                                                                                                                                                     U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
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                                                      on backovers, and is conducting site                    beryllium. OSHA convened a Small                         Abstract: Employees in health care
                                                      visits to employers.                                    Business Advocacy Review Panel under                   and other high-risk environments face
                                                        Timetable:                                            the Small Business Regulatory                          long-standing infectious disease hazards
                                                                                                              Enforcement Fairness Act (SBREFA)                      such as tuberculosis (TB), varicella
                                                             Action             Date           FR Cite        and completed the SBREFA Report in                     disease (chickenpox, shingles), and
                                                                                                              January 2008. OSHA also completed a                    measles (rubeola), as well as new and
                                                      Request for Infor-      03/29/12      77 FR 18973
                                                                                                              scientific peer review of its draft risk               emerging infectious disease threats,
                                                        mation (RFI).
                                                      RFI Comment Pe-         07/27/12                        assessment.                                            such as Severe Acute Respiratory
                                                        riod End.                                                Timetable:                                          Syndrome (SARS) and pandemic


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                                                      77996                Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      influenza. Health care workers and                             Action                 Date         FR Cite      3916), published in 1989. An injury and
                                                      workers in related occupations, or who                                                                          illness prevention program rule would
                                                      are exposed in other high-risk                          Analyze Com-              12/30/10                      build on these guidelines as well as
                                                      environments, are at increased risk of                     ments.                                               lessons learned from successful
                                                      contracting TB, SARS, Methicillin-                      Stakeholder Meet-         07/05/11     76 FR 39041      approaches and best practices under
                                                      resistant Staphylococcus aureus                            ings.                                                OSHA’s Voluntary Protection Program,
                                                                                                              Initiate SBREFA ..        06/04/14
                                                      (MRSA), and other infectious diseases                                                                           Safety and Health Achievement
                                                                                                              Complete                  12/22/14
                                                      that can be transmitted through a variety                  SBREFA.                                              Recognition Program, and similar
                                                      of exposure routes. OSHA is concerned                   NPRM ..................   12/00/16                      industry and international initiatives
                                                      about the ability of employees to                                                                               such as American National Standards
                                                      continue to provide health care and                       Regulatory Flexibility Analysis                       Institute/American Industrial Hygiene
                                                      other critical services without                         Required: Yes.                                          Association Z10, and Occupational
                                                      unreasonably jeopardizing their health.                   Agency Contact: William Perry,                        Health and Safety Assessment Series
                                                      OSHA is considering the need for a                      Director, Directorate of Standards and                  18001.
                                                      standard to ensure that employers                       Guidance, Department of Labor,                             Timetable:
                                                      establish a comprehensive infection                     Occupational Safety and Health
                                                      control program and control measures to                 Administration, 200 Constitution                               Action              Date        FR Cite
                                                      protect employees from infectious                       Avenue NW., Room N–3718, FP
                                                      disease exposures to pathogens that can                                                                         Notice of Stake-          05/04/10   75 FR 23637
                                                                                                              Building, Washington, DC 20210,                            holder Meetings.
                                                      cause significant disease. Workplaces                   Phone: 202 693–1950, Fax: 202 693–                      Notice of Addi-           06/22/10   75 FR 35360
                                                      where such control measures might be                    1678, Email: perry.bill@dol.gov.                           tional Stake-
                                                      necessary include: Health care,                           RIN: 1218–AC46                                           holder Meetings.
                                                      emergency response, correctional                                                                                Initiate SBREFA ..        01/06/12
                                                      facilities, homeless shelters, drug                     335. Injury and Illness Prevention
                                                      treatment programs, and other                           Program                                                 NPRM ..................     To Be Determined
                                                      occupational settings where employees                      Legal Authority: 29 U.S.C. 653; 29
                                                      can be at increased risk of exposure to                 U.S.C. 655(b); 29 U.S.C. 657                              Regulatory Flexibility Analysis
                                                      potentially infectious people. A                           Abstract: OSHA is developing a rule                  Required: Yes.
                                                      standard could also apply to                            requiring employers to implement an                       Agency Contact: William Perry,
                                                      laboratories, which handle materials                    Injury and Illness Prevention Program. It               Director, Directorate of Standards and
                                                      that may be a source of pathogens, and                  involves planning, implementing,                        Guidance, Department of Labor,
                                                      to pathologists, coroners’ offices,                     evaluating, and improving processes                     Occupational Safety and Health
                                                      medical examiners, and mortuaries.                      and activities that protect employee                    Administration, 200 Constitution
                                                         Timetable:                                           safety and health. OSHA has substantial                 Avenue NW., Room N–3718, FP
                                                                                                              data on reductions in injuries and                      Building, Washington, DC 20210,
                                                             Action             Date           FR Cite        illnesses from employers who have                       Phone: 202 693–1950, Fax: 202 693–
                                                                                                              implemented similar effective                           1678, Email: perry.bill@dol.gov.
                                                      Request for Infor-      05/06/10      75 FR 24835                                                                 RIN: 1218–AC48
                                                        mation (RFI).                                         processes. The Agency currently has
                                                      RFI Comment Pe-         08/04/10                        voluntary Safety and Health Program                     [FR Doc. 2015–30627 Filed 12–14–15; 8:45 am]
                                                        riod End.                                             Management Guidelines (54 FR 3904 to                    BILLING CODE 4510–04–P
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Document Created: 2018-03-02 09:15:38
Document Modified: 2018-03-02 09:15:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactKathleen 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 Citation80 FR 77992 
CFR Citation30
Title 30 CFR Chapter I
41
Title 41 CFR Chapter 60
48
Title 48 CFR Chapter 29

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