Department of Labor 2005 – Federal Register Recent Federal Regulation Documents
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TUV Product Services GmbH, Expansion of Recognition
This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV Product Services GmbH (TUVPSG) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
Publication of Year 2005 Form M-1 With Electronic Filing Option, Notice
This document announces the availability of the Year 2005 Form M-1, Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception. A copy of this new form is attached. It is substantively identical to the 2004 Form M-1. The Form M-1 may again be filed electronically over the Internet.
Permanent Labor Certification Program: Training and Employment Guidance Letter 8-05 in Response to Hurricanes Katrina, Rita, and Wilma
The Employment and Training Administration has issued the Training and Employment Guidance Letter (TEGL) 8-05, dated November 16, 2005, to provide guidance to the National Processing Centers and Backlog Elimination Centers (collectively, Centers). TEGL 8-05 advises the Centers of accommodations to be made for employers impacted by Hurricanes Katrina, Rita, and Wilma regarding the filing and processing of permanent labor certifications. The Division of Foreign Labor Certification (DFLC) issued initial guidance regarding the impact of Hurricane Katrina on permanent labor certification processing on October 13, 2005, which was posted on the DFLC Web site at https:// atlas.doleta.gov/foreign/. TEGL 8-05 replaces and supersedes all prior DFLC hurricane guidance. TEGL 8-05 is reprinted in the Federal Register in order to inform the public, and will be posted on the DFLC Web site.
International Chimney Corporation, Karrena International, LLC, and Matrix Service Industrial Contractors, Inc.; Grant of a Permanent Variance
This notice announces the grant of a permanent variance to International Chimney Corporation, Karrena International, LLC, and Matrix Service Industrial Contractors, Inc. (``the employers''). The permanent variance addresses the provision that regulates the tackle used for boatswains' chairs (Sec. 1926.452 (o)(3)), as well as the provisions specified for personnel hoists by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of Sec. 1926.552. Instead of complying with these provisions, the employers must comply with a number of alternative conditions listed in this grant; these alternative conditions regulate rope-guided personnel-hoisting systems used during inside or outside chimney construction to raise or lower employees in personnel cages, personnel platforms, and boatswains' chairs between the bottom landing of a chimney and an elevated work location. Accordingly, OSHA finds that these alternative conditions protect employees at least as well as the requirements specified by Sec. 1926.452(o)(3) and Sec. 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16).
Ranco North America, a Division of Invensys, Brownsville, TX; Notice of Termination of Investigation
Summary of Decisions Granting in Whole or in Part Petitions for Modification
Under section 101 of the Federal Mine Safety and Health Act of 1977, the Secretary of Labor (Secretary) may allow the modification of the application of a mandatory safety standard to a mine if the Secretary determines either that an alternate method exists at a specific mine that will guarantee no less protection for the miners affected than that provided by the standard, or that the application of the standard at a specific mine will result in a diminution of safety to the affected miners. Final decisions on these petitions are based on the petitioner's statements, comments and information submitted by interested persons, and a field investigation of the conditions at the mine. As designee of the Secretary, we have granted or partially granted the requests for modification listed below. In some instances, the decisions are conditioned upon compliance with stipulations stated in the decision. The term FR Notice appears in the list of affirmative decisions below. The term refers to the Federal Register volume and page where we published a notice of the filing of the petition for modification.
MET Laboratories, Inc., Expansion of Recognition
This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of MET Laboratories, Inc., (MET) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models, and Labor Attestation Requirements for Employers Using Nonimmigrants on H-1B1 Visas in Specialty Occupations; Filing Procedures
The Employment and Training Administration (ETA) of the Department of Labor (the Department or DOL) is amending its regulations related to the H-1B and H-1B1 programs to generally require employers to use Web-based electronic filing of labor condition applications (LCAs). This final rule also implements technical and clarifying amendments to ETA's H-1B and H-1B1 regulations to correct terminology and addresses, update internal agency procedures, and clarify text. Among these amendments are provisions to reflect Congressional reinstatement of certain attestations and obligations applicable to employers that are H-1B dependent or have committed willful violations of H-1B requirements.
Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans
This final rule revises the regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (2001) (``Section 4212'' or ``VEVRAA''). This rule makes three general revisions to the VEVRAA regulations. First, it generally conforms the VEVRAA regulations to the Veterans Employment Opportunities Act of 1998 (VEOA) and the Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA). Second, it removes references to letters of commitment because the violations formerly incorporated into the letter of commitment are now summarized in the Compliance Evaluation Closure Letter. Third, it removes language about the effective date of the rule published in 1998 because that language is obsolete.
Blasting and the Use of Explosives; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits public comment concerning its request for an extension of the information collection requirements contained in 29 CFR part 1926, subpart UBlasting and the Use of Explosives as well as several newly-identified information collection requirements contained in this subpart.
OSHA Strategic Partnership Program for Worker Safety and Health (OSPP)
In accordance with 5 CFR 1320.8(d), the Occupational Safety and Health Administration (OSHA) requests comments concerning its proposed extension of the collection of information requirements specified in the OSHA Strategic Partnership Program for Worker Safety and Health (OSPP).
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