Semiannual Agenda of Regulations, 58045-58049 [2018-24168]
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Vol. 83
Friday,
No. 222
November 16, 2018
Part X
Department of Labor
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Semiannual Regulatory Agenda
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
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:
ACTION:
Office of the Secretary, Labor.
Semiannual regulatory agenda.
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
SUMMARY:
Federal Register notice contains the
regulatory flexibility agenda.
FOR FURTHER INFORMATION CONTACT:
Laura M. Dawkins, Director, Office of
Regulatory and Programmatic 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. The Department’s Regulatory
Flexibility Agenda does not include
section 610 items at this time.
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.
R. Alexander Acosta,
Secretary of Labor.
EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
319 ....................
Temporary Employment of H–2B Foreign Workers in Certain Itinerant Occupations in the United States ...
1205–AB93
EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
320 ....................
Definition of an ‘‘Employer’’ Under Section 3(5) of ERISA—Association Health Plans ..................................
1210–AB85
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE
Sequence No.
321
322
323
324
....................
....................
....................
....................
Regulation
Identifier No.
Title
Communication Tower Safety ..........................................................................................................................
Emergency Response and Preparedness .......................................................................................................
Tree Care Standard .........................................................................................................................................
Prevention of Workplace Violence in Health Care and Social Assistance .....................................................
1218–AC90
1218–AC91
1218–AD04
1218–AD08
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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
325 ....................
326 ....................
Infectious Diseases ..........................................................................................................................................
Process Safety Management and Prevention of Major Chemical Accidents ..................................................
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
DEPARTMENT OF LABOR (DOL)
Action
Employment and Training
Administration (ETA)
Proposed Rule Stage
319. • Temporary Employment of H–2B
Foreign Workers in Certain Itinerant
Occupations in the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: 8 U.S.C. 1184; 8
U.S.C. 1103
Abstract: The United States
Department of Labor’s (DOL),
Employment and Training
Administration and Wage and Hour
Division, and the United States
Department of Homeland Security
(DHS), U.S. Citizenship and
Immigration Services, are jointly
amending regulations regarding the H–
2B non-immigrant visa program at 20
CFR part 655, subpart A. The Notice of
Proposed Rulemaking (NPRM) will
establish standards and procedures for
employers seeking to hire foreign
temporary nonagricultural workers for
certain itinerant job opportunities,
including entertainers and carnivals and
utility vegetation management.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: William W.
Thompson, II, Administrator, Office of
Foreign Labor Certification, Department
of Labor, Employment and Training
Administration, 200 Constitution
Avenue NW, Box #12–200, Washington,
DC 20210, Phone: 202 513–7350.
RIN: 1205–AB93
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security
Administration (EBSA)
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Completed Actions
320. Definition of an ‘‘Employer’’ Under
Section 3(5) of ERISA—Association
Health Plans
E.O. 13771 Designation: Deregulatory.
Legal Authority: 29 U.S.C. 3(1), 3(5),
and 505
Abstract: This regulatory action
establishes criteria for an employer
group or association to act as an
‘‘employer’’ within the meaning of
section 3(5) of ERISA and sponsor an
association health plan that is an
employee welfare benefit plan and a
group health plan under title I of ERISA.
Timetable:
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Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
FR Cite
01/05/18
03/06/18
83 FR 614
06/21/18
08/20/18
83 FR 28912
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Amy J. Turner,
Director, Office of Health Plan
Standards and Compliance Assistance,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue NW, FP Building,
Room N–5653, Washington, DC 20210,
Phone: 202 693–8335, Fax: 202 219–
1942.
RIN: 1210–AB85
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health
Administration (OSHA)
Prerule Stage
321. Communication Tower Safety
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 5
U.S.C. 609
Abstract: While the number of
employees engaged in the
communication tower industry remains
small, the fatality rate is very high. Over
the past 20 years, this industry has
experienced an average fatality rate that
greatly exceeds that of the construction
industry. Due to recent FCC spectrum
auctions and innovations in cellular
technology, there will be a very high
level of construction activity taking
place on communication towers over
the next few years. A similar increase in
the number of construction projects
needed to support cellular phone
coverage triggered a spike in fatality and
injury rates years ago. Based on
information collected from an April
2016 Request for Information, OSHA
concluded that current OSHA
requirements such as those for fall
protection and personnel hoisting, may
not adequately cover all hazards of
communication tower construction and
maintenance activities. OSHA will use
information collected from a Small
Business Regulatory Enforcement
Fairness Act (SBREFA) panel to identify
effective work practices and advances in
engineering technology that would best
address industry safety and health
concerns. While this panel focus on
communication towers, OSHA will
consider also covering structures that
have telecommunications equipment on
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or attached to them (e.g., buildings,
rooftops, water towers, billboards, etc.).
Timetable:
Action
Request for Information (RFI).
RFI Comment Period End.
Initiate SBREFA ..
Initiate SBREFA ..
Complete
SBREFA.
Date
04/15/15
FR Cite
80 FR 20185
06/15/15
01/04/17
05/31/18
10/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dean McKenzie,
Director, Directorate of Construction,
Department of Labor, Occupational
Safety and Health Administration, 200
Constitution Avenue NW, FP Building,
Room N–3468, Washington, DC 20210,
Phone: 202 693–2020, Fax: 202 693–
1689, Email: mckenzie.dean@dol.gov.
RIN: 1218–AC90
322. Emergency Response and
Preparedness
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 29
U.S.C. 657; 5 U.S.C. 609
Abstract: OSHA currently regulates
aspects of emergency response and
preparedness; some of these standards
were promulgated decades ago, and
none were designed as comprehensive
emergency response standards.
Consequently, they do not address the
full range of hazards or concerns
currently facing emergency responders,
nor do they reflect major changes in
performance specifications for
protective clothing and equipment. The
Agency acknowledged that current
OSHA standards also do not reflect all
the major developments in safety and
health practices that have already been
accepted by the emergency response
community and incorporated into
industry consensus standards. OSHA is
considering updating these standards
with information gathered through an
RFI and public meetings.
Timetable:
Action
Stakeholder Meetings.
Convene
NACOSH
Workgroup.
NACOSH Review
of Workgroup
Report.
Initiate SBREFA ..
Date
FR Cite
07/30/14
09/09/15
12/14/16
10/00/18
Regulatory Flexibility Analysis
Required: Yes.
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
Timetable:
Agency Contact: William Perry,
Director, Directorate of Standards and
Guidance, Department of Labor,
Occupational Safety and Health
Administration, 200 Constitution
Avenue NW, FP Building, Room N–
3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AC91
Action
Request For Information (RFI).
RFI Comment Period End.
Initiate SBREFA ..
323. Tree Care Standard
E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: There is no OSHA standard
for tree care operations; the agency
currently applies a patchwork of
standards to address the serious hazards
in this industry. The tree care industry
previously petitioned the agency for
rulemaking and OSHA issued an
ANPRM (September 2008). Tree care
continues to be a high-hazard industry.
Timetable:
Action
Date
Stakeholder Meeting.
Initiate SBREFA ..
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12/07/16
FR Cite
81 FR 88147
04/06/17
03/00/19
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, FP Building, Room N–
3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AD08
DEPARTMENT OF LABOR (DOL)
FR Cite
07/13/16
Occupational Safety and Health
Administration (OSHA)
06/00/19
Long-Term Actions
325. Infectious Diseases
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, FP Building, Room N–
3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AD04
324. Prevention of Workplace Violence
in Health Care and Social Assistance
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 5
U.S.C. 609
Abstract: The Request for Information
(RFI) (published on December 7, 2016)
provides OSHA’s history with the issue
of workplace violence in healthcare and
social assistance, including a discussion
of the Guidelines that were initially
published in 1996, a 2014 update to the
Guidelines, the Agency’s use of 5(a)(1)
in enforcement cases in healthcare. The
RFI solicited information primarily from
health care employers, workers and
other subject matter experts on impacts
of violence, prevention strategies, and
other information that will be useful to
the Agency. OSHA was petitioned for a
standard preventing workplace violence
in healthcare by a broad coalition of
labor unions, and in a separate petition
by the National Nurses United. On
January 10, 2017, OSHA granted the
petitions.
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E.O. 13771 Designation: Regulatory.
Legal Authority: 5 U.S.C. 533; 29
U.S.C. 657 and 658; 29 U.S.C. 660; 29
U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
Abstract: Employees in health care
and other high-risk environments face
long-standing infectious disease hazards
such as tuberculosis (TB), varicella
disease (chickenpox, shingles), and
measles (rubeola), as well as new and
emerging infectious disease threats,
such as Severe Acute Respiratory
Syndrome (SARS) and pandemic
influenza. Health care workers and
workers in related occupations, or who
are exposed in other high-risk
environments, are at increased risk of
contracting TB, SARS, MethicillinResistant Staphylococcus Aureus
(MRSA), and other infectious diseases
that can be transmitted through a variety
of exposure routes. OSHA is examining
regulatory alternatives for 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
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to pathologists, coroners’ offices,
medical examiners, and mortuaries.
Timetable:
Action
Request for Information (RFI).
RFI Comment Period End.
Analyze Comments.
Stakeholder Meetings.
Initiate SBREFA ..
Complete
SBREFA.
NPRM ..................
Date
05/06/10
FR Cite
75 FR 24835
08/04/10
12/30/10
07/05/11
76 FR 39041
06/04/14
12/22/14
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, FP Building, Room N–
3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
RIN: 1218–AC46
326. Process Safety Management and
Prevention of Major Chemical
Accidents
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655; 29
U.S.C. 657
Abstract: In accordance with the
Executive Order 13650, Improving
Chemical Facility Safety and Security,
Occupational Safety and Health
Administration (OSHA) issued a
Request for Information (RFI) on
December 9, 2013 (78 FR 73756). The
RFI identified issues related to
modernization of the Process Safety
Management standard and related
standards necessary to meet the goal of
preventing major chemical accidents.
Timetable:
Action
Request for Information (RFI).
RFI Comment Period Extended.
RFI Comment Period Extended
End.
Initiate SBREFA ..
SBREFA Report
Completed.
Next Action Undetermined.
Date
FR Cite
12/09/13
78 FR 73756
03/07/14
79 FR 13006
03/31/14
06/08/15
08/01/16
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: William Perry,
Director, Directorate of Standards and
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
amozie on DSK3GDR082PROD with PROPOSALS10
Guidance, Department of Labor,
Occupational Safety and Health
Administration, 200 Constitution
Avenue NW, FP Building, Room N–
VerDate Sep<11>2014
19:53 Nov 15, 2018
Jkt 247001
3718, Washington, DC 20210, Phone:
202 693–1950, Fax: 202 693–1678,
Email: perry.bill@dol.gov.
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58049
RIN: 1218–AC82
[FR Doc. 2018–24168 Filed 11–15–18; 8:45 am]
BILLING CODE 4510–04–P
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]]>Agencies
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Unknown Section]
[Pages 58045-58049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24168]
[[Page 58045]]
Vol. 83
Friday,
No. 222
November 16, 2018
Part X
Department of Labor
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 /
Unified Agenda
[[Page 58046]]
-----------------------------------------------------------------------
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: Laura M. Dawkins, Director, Office of
Regulatory and Programmatic 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. The Department's Regulatory Flexibility
Agenda does not include section 610 items at this time.
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.
R. Alexander Acosta,
Secretary of Labor.
Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
319....................... Temporary Employment of H- 1205-AB93
2B Foreign Workers in
Certain Itinerant
Occupations in the United
States.
------------------------------------------------------------------------
Employee Benefits Security Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
320....................... Definition of an 1210-AB85
``Employer'' Under
Section 3(5) of ERISA--
Association Health Plans.
------------------------------------------------------------------------
Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
321....................... Communication Tower Safety 1218-AC90
322....................... Emergency Response and 1218-AC91
Preparedness.
323....................... Tree Care Standard........ 1218-AD04
324....................... Prevention of Workplace 1218-AD08
Violence in Health Care
and Social Assistance.
------------------------------------------------------------------------
Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
325....................... Infectious Diseases....... 1218-AC46
326....................... Process Safety Management 1218-AC82
and Prevention of Major
Chemical Accidents.
------------------------------------------------------------------------
[[Page 58047]]
DEPARTMENT OF LABOR (DOL)
Employment and Training Administration (ETA)
Proposed Rule Stage
319. Temporary Employment of H-2B Foreign Workers in Certain
Itinerant Occupations in the United States
E.O. 13771 Designation: Regulatory.
Legal Authority: 8 U.S.C. 1184; 8 U.S.C. 1103
Abstract: The United States Department of Labor's (DOL), Employment
and Training Administration and Wage and Hour Division, and the United
States Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Services, are jointly amending regulations regarding the H-
2B non-immigrant visa program at 20 CFR part 655, subpart A. The Notice
of Proposed Rulemaking (NPRM) will establish standards and procedures
for employers seeking to hire foreign temporary nonagricultural workers
for certain itinerant job opportunities, including entertainers and
carnivals and utility vegetation management.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William W. Thompson, II, Administrator, Office of
Foreign Labor Certification, Department of Labor, Employment and
Training Administration, 200 Constitution Avenue NW, Box #12-200,
Washington, DC 20210, Phone: 202 513-7350.
RIN: 1205-AB93
DEPARTMENT OF LABOR (DOL)
Employee Benefits Security Administration (EBSA)
Completed Actions
320. Definition of an ``Employer'' Under Section 3(5) of ERISA--
Association Health Plans
E.O. 13771 Designation: Deregulatory.
Legal Authority: 29 U.S.C. 3(1), 3(5), and 505
Abstract: This regulatory action establishes criteria for an
employer group or association to act as an ``employer'' within the
meaning of section 3(5) of ERISA and sponsor an association health plan
that is an employee welfare benefit plan and a group health plan under
title I of ERISA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/05/18 83 FR 614
NPRM Comment Period End............. 03/06/18 .......................
Final Rule.......................... 06/21/18 83 FR 28912
Final Rule Effective................ 08/20/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amy J. Turner, Director, Office of Health Plan
Standards and Compliance Assistance, Department of Labor, Employee
Benefits Security Administration, 200 Constitution Avenue NW, FP
Building, Room N-5653, Washington, DC 20210, Phone: 202 693-8335, Fax:
202 219-1942.
RIN: 1210-AB85
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Prerule Stage
321. Communication Tower Safety
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
Abstract: While the number of employees engaged in the
communication tower industry remains small, the fatality rate is very
high. Over the past 20 years, this industry has experienced an average
fatality rate that greatly exceeds that of the construction industry.
Due to recent FCC spectrum auctions and innovations in cellular
technology, there will be a very high level of construction activity
taking place on communication towers over the next few years. A similar
increase in the number of construction projects needed to support
cellular phone coverage triggered a spike in fatality and injury rates
years ago. Based on information collected from an April 2016 Request
for Information, OSHA concluded that current OSHA requirements such as
those for fall protection and personnel hoisting, may not adequately
cover all hazards of communication tower construction and maintenance
activities. OSHA will use information collected from a Small Business
Regulatory Enforcement Fairness Act (SBREFA) panel to identify
effective work practices and advances in engineering technology that
would best address industry safety and health concerns. While this
panel focus on communication towers, OSHA will consider also covering
structures that have telecommunications equipment on or attached to
them (e.g., buildings, rooftops, water towers, billboards, etc.).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 04/15/15 80 FR 20185
RFI Comment Period End.............. 06/15/15
Initiate SBREFA..................... 01/04/17
Initiate SBREFA..................... 05/31/18
Complete SBREFA..................... 10/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dean McKenzie, Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3468,
Washington, DC 20210, Phone: 202 693-2020, Fax: 202 693-1689, Email:
[email protected].
RIN: 1218-AC90
322. Emergency Response and Preparedness
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609
Abstract: OSHA currently regulates aspects of emergency response
and preparedness; some of these standards were promulgated decades ago,
and none were designed as comprehensive emergency response standards.
Consequently, they do not address the full range of hazards or concerns
currently facing emergency responders, nor do they reflect major
changes in performance specifications for protective clothing and
equipment. The Agency acknowledged that current OSHA standards also do
not reflect all the major developments in safety and health practices
that have already been accepted by the emergency response community and
incorporated into industry consensus standards. OSHA is considering
updating these standards with information gathered through an RFI and
public meetings.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meetings................ 07/30/14
Convene NACOSH Workgroup............ 09/09/15
NACOSH Review of Workgroup Report... 12/14/16
Initiate SBREFA..................... 10/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 58048]]
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AC91
323. Tree Care Standard
E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: There is no OSHA standard for tree care operations; the
agency currently applies a patchwork of standards to address the
serious hazards in this industry. The tree care industry previously
petitioned the agency for rulemaking and OSHA issued an ANPRM
(September 2008). Tree care continues to be a high-hazard industry.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meeting................. 07/13/16
Initiate SBREFA..................... 06/00/19
------------------------------------------------------------------------
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, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AD04
324. Prevention of Workplace Violence in Health Care and Social
Assistance
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
Abstract: The Request for Information (RFI) (published on December
7, 2016) provides OSHA's history with the issue of workplace violence
in healthcare and social assistance, including a discussion of the
Guidelines that were initially published in 1996, a 2014 update to the
Guidelines, the Agency's use of 5(a)(1) in enforcement cases in
healthcare. The RFI solicited information primarily from health care
employers, workers and other subject matter experts on impacts of
violence, prevention strategies, and other information that will be
useful to the Agency. OSHA was petitioned for a standard preventing
workplace violence in healthcare by a broad coalition of labor unions,
and in a separate petition by the National Nurses United. On January
10, 2017, OSHA granted the petitions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request For Information (RFI)....... 12/07/16 81 FR 88147
RFI Comment Period End.............. 04/06/17
Initiate SBREFA..................... 03/00/19
------------------------------------------------------------------------
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, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AD08
DEPARTMENT OF LABOR (DOL)
Occupational Safety and Health Administration (OSHA)
Long-Term Actions
325. Infectious Diseases
E.O. 13771 Designation: Regulatory.
Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C.
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
Abstract: Employees in health care and other high-risk environments
face long-standing infectious disease hazards such as tuberculosis
(TB), varicella disease (chickenpox, shingles), and measles (rubeola),
as well as new and emerging infectious disease threats, such as Severe
Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care
workers and workers in related occupations, or who are exposed in other
high-risk environments, are at increased risk of contracting TB, SARS,
Methicillin-Resistant Staphylococcus Aureus (MRSA), and other
infectious diseases that can be transmitted through a variety of
exposure routes. OSHA is examining regulatory alternatives for 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................................ 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, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AC46
326. Process Safety Management and Prevention of Major Chemical
Accidents
E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655; 29 U.S.C. 657
Abstract: In accordance with the Executive Order 13650, Improving
Chemical Facility Safety and Security, Occupational Safety and Health
Administration (OSHA) issued a Request for Information (RFI) on
December 9, 2013 (78 FR 73756). The RFI identified issues related to
modernization of the Process Safety Management standard and related
standards necessary to meet the goal of preventing major chemical
accidents.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 12/09/13 78 FR 73756
RFI Comment Period Extended......... 03/07/14 79 FR 13006
RFI Comment Period Extended End..... 03/31/14
Initiate SBREFA..................... 06/08/15
SBREFA Report Completed............. 08/01/16
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and
[[Page 58049]]
Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected].
RIN: 1218-AC82
[FR Doc. 2018-24168 Filed 11-15-18; 8:45 am]
BILLING CODE 4510-04-P
