Department of Labor December 18, 2008 – Federal Register Recent Federal Regulation Documents
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Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
In accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C., App. 2), and after consultation with the General Services Administration, the Secretary of Labor announced on September 22, 2008, her intention to re-charter the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) as being in the public interest (73 FR 54624). She signed the MACOSH charter on September 23, 2008, which, pursuant to FACA, will expire after two years on September 23, 2010. On November 12, 2008, the Secretary of Labor selected and approved 15 members to serve on the Committee. The Committee is diverse and balanced, both in terms of segments of the maritime industry represented (e.g., shipyard, longshoring and marine terminal, and fishing industries), and in the views or interests represented by the members. MACOSH will contribute to OSHA's performance of the duties imposed by the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.).
Longshoring and Marine Terminal Operations; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
The Occupational Safety and Health Administration (OSHA) published a document in the Federal Register on December 8, 2008, soliciting public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in OSHA's Standards on Longshoring (29 CFR part 1918) and Marine Terminal Operations (29 CFR part 1917). The document contains an incorrect OMB Control Number.
Hazardous Waste Operations and Emergency Response (HAZWOPER); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Hazardous Waste Operations and Emergency Response (HAZWOPER) (29 CFR 1910.120). Section 126(e) of the ``Superfund Amendments and Reauthorization Act of 1986'' (SARA) (Pub. L. 99-499) which became law on October 17, 1986, required the Secretary of Labor, pursuant to Section 6 of the Occupational Safety and Health Act of 1970 (the Act), to promulgate standards for the safety and health protection of employees engaged in hazardous waste operations and emergency response. Section 126(b) lists 11 employee protection provisions that the Secretary of Labor had to include in OSHA's final standard. Those provisions require OSHA to address the preparation of various written programs, plans and records; the training of employees; the monitoring of airborne hazards; the conduct of medical surveillance; and the distribution of information to employees. The provisions also require the collection of information from employers engaged in hazardous waste operations and their emergency response to such operations. The final standard covers the provisions mandated in SARA.
Publication of Year 2008 Form M-1 With Electronic Filing Option; Notice
This document announces the availability of the Year 2008 Form M-1, Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception. It is substantively identical to the 2007 Form M-1. The Form M-1 may again be filed electronically over the Internet.
Proposed Information Collection Request on the ETA 203, Characteristics of the Insured Unemployed; Comment Request for Extension Without Change
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collection of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice or by accessing: https://www.doleta.gov/OMBCN/ OMBControlNumber.cfm.
Wireless Communications and Electronic Tracking Systems Guidance
This notice is announcing the issuance of a Program Policy Letter (PPL) to provide mine operators guidance for implementing the Mine Improvement and New Emergency Response Act (MINER Act) requirements for wireless communications and electronic tracking systems. Material in the guidance does not constitute a regulation.
Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement
The Department of Labor (DOL or Department) is amending its regulations regarding the certification for the temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This final rule re-engineers the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A (agricultural temporary worker) status. The final rule utilizes an attestation-based application process based on pre-filing recruitment and eliminates duplicative H-2A activities currently performed by State Workforce Agencies (SWAs) and the Department. The rule also provides enhanced enforcement, including more rigorous penalties, to complement the modernized certification process and to appropriately protect workers.
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