[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64264-64282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-141207]
[[Page 64264]]
DEPARTMENT OF LABOR (DOL)
Statement of Regulatory and Deregulatory Priorities
Executive Summary
The Department of Labor's (DOL) mission is to protect workers by
improving working conditions, advancing opportunities for employment,
protecting retirement and health care benefits, helping employers find
workers, and strengthening collective bargaining. Secretary of Labor
Hilda L. Solis' vision is that the work of the Labor Department will
ensure there are good jobs for everyone.
To achieve this broad vision, the Secretary has established a series of
12 specific strategic outcomes, which span across all of the
Department's agencies. These outcomes are:
Increasing workers' incomes and narrowing wage and income
inequality.
Securing safe and healthy workplaces, wages and overtime,
particularly in high-risk industries.
Assuring skills and knowledge that prepare workers to succeed
in a knowledge-based economy, including in high-growth and
emerging industry sectors like ``green'' jobs.
Breaking down barriers to fair and diverse work places so that
every worker's contribution is respected.
Improving health benefits and retirement security for all
workers.
Providing work place flexibility for family and personal care-
giving.
Facilitating return to work for workers experiencing work
place injuries or illnesses who are able to work and
sufficient income and medical care for those who are unable
to work.
Income support when work is impossible or unavailable.
Helping workers who are in low-wage jobs or out of the labor
market find a path into middle class jobs.
Ensuring workers have a voice in the work place.
Assuring that global markets are governed by fair market rules
that protect vulnerable people, including women and
children, and provide workers a fair share of their
productivity and voice in their work lives.
Helping middle-class families remain in the middle class.
Critical to this vision is ensuring these outcomes achieve good jobs
for everyone. This includes vulnerable workers, workers in
traditionally less safe industry sectors, farmworkers, health care
workers and seniors, and those facing barriers to good employment.
The Secretary has directed each agency to ensure that all priority
regulatory projects support achievement of one or more of the strategic
outcomes that support the good jobs for everyone vision. The DOL Fall
2009 Regulatory Plan reflects this direction.
Openness and Transparency
Using regulatory changes to produce greater openness and transparency
is an integral part of a Department-wide compliance strategy. These
efforts will not only enhance DOL agencies' enforcement tool set, but
will encourage greater levels of compliance by the regulated community
and enhance awareness among workers of their rights and benefits.
The Department's commitment to achieving greater openness and
transparency is exemplified in its Regulatory Plan and Agenda. Several
proposals from the Employee Benefits Security Administration expand
disclosure requirements, substantially enhancing the availability of
information to pension plan participants and beneficiaries and
employers, and strengthening the retirement security of America's
workers. These rulemakings are:
Fiduciary Requirements for Disclosure in Participant-Directed
Individual Account Plans, which would increase transparency
between individual account pension plans and their
participants and beneficiaries by ensuring that
participants and beneficiaries are provided the information
they need, including information about fees and expenses,
to make informed investment decisions.
Amendment of Standards Applicable to General Statutory
Exemption for Services, which would require service
providers to disclose to plan fiduciaries services, fees,
compensation and conflicts of interest information.
Annual Funding Notice for Defined Benefit Plans, which would
require defined benefit plan administrators to provide all
participants, beneficiaries and other parties with detailed
information regarding their plan's funding status.
Periodic Pension Benefits Statements, which would require
pension plans to provide participants and certain
beneficiaries with periodic benefit statements.
Multiemployer Plan Information Made Available on Request,
which would require pension plan administrators to provide
copies of financial and actuarial reports to participants
and beneficiaries, unions and contributing employers on
request.
Several other Labor Department agencies will also be proposing
regulatory projects that will foster greater openness and transparency.
These include:
The Mine Safety and Health Administration's proposed
regulation on Notification of Legal Identity, which aims to
require mine operators to provide increased identification
information, would allow the agency to better target the
most egregious and persistent violators and deter future
violations.
The Office of Labor-Management Standards' proposed regulations
on Notification of Employee Rights Under Federal Labor
Laws, which would implement Executive Order 13496 and
require all Government contracting agencies to include a
contract clause requiring contractors to inform workers of
their rights under Federal labor laws.
The Wage and Hour Division's rulemaking, Records to be Kept by
Employers Under the Fair Labor Standards Act, which would
update decades old recordkeeping regulations in order to
enhance the transparency and disclosure to workers as to
how their wages are computed and to allow for new workplace
practices such as telework and flexiplace arrangements.
The Occupational Safety and Health Administration's
modification of its Hazard Communication Standard, which
would adopt standardized labeling requirements and order of
information for safety data sheets.
The Occupational Safety and Health Administration's
Occupational Injury and Illness Recording and Reporting
Requirements rule, which would propose the collection of
additional data to help employers and workers track
injuries at individual workplaces, improve the Nation's
occupational injury and illness information data, and
assist the agency in its enforcement of the safety and
health workplace requirements.
[[Page 64265]]
The Department's Regulatory Priorities
The Department of Labor's (DOL) 2009 Regulatory Plan highlights the
most noteworthy and significant regulatory projects that will be
undertaken by its regulatory agencies: the Employment Standards
Administration (ESA), Mine Safety and Health Administration (MSHA),
Occupational Safety and Health Administration (OSHA), Employee Benefits
Security Administration (EBSA), and Employment and Training
Administration (ETA). The initiatives and priorities in the regulatory
plan represent those that are essential to the fulfillment of the
Secretary's vision for the Department and America's workforce.
Employment and Training Administration
ETA is charged with assuring our Nation's workers have the skills and
knowledge that will prepare them to succeed in a knowledge-based
economy, including high-growth and emerging industry sectors such as
``green jobs.'' For those workers who are in low-wage jobs or out of
the labor market, ETA programs will help them find a path to self-
sufficiency and good, middle class jobs. And for those who are unable
to work, or for whom work is unavailable, ETA programs provide income
support and a path to self-sufficiency. ETA is playing a pivotal role
in the implementation of the American Recovery and Reinvestment Act of
2009 (Recovery Act) to jumpstart our economy, create or save millions
of jobs, and make a down payment on addressing long-neglected
challenges so our country can thrive. Through these efforts and others,
ETA is transforming the way it provides services to all workers.
ETA is highlighting four regulatory priorities that reflect the
Secretary's vision to advance good jobs for everyone with measurable
and substantial outcomes. These are:
The Trade Adjustment Assistance (TAA) for Workers Program
Regulations propose to implement changes to the TAA program
that arose when the program was re-authorized and expanded
in the Recovery Act. The Recovery Act amended the
certification criteria, expanded the types of workers who
may be certified, and expanded the available program
benefits. The TAA regulations will help provide
opportunities for participants to acquire skills and
knowledge needed to become, or remain, employable in the
middle-class jobs market. The TAA regulations will also
help provide guidance on supplying participants with income
support for times when work is impossible or unavailable.
The overarching outcomes for the completion of the TAA
regulations are to help middle-class families remain middle
class and help workers who are out of the labor market find
a path into the middle class.
The Trade Adjustment Assistance: Merit Staffing of State
Administration and Allocation of Training Funds to States
Regulation proposes that personnel carrying out the worker
adjustment assistance provisions of the TAA program must be
State employees covered by the merit system of personnel
administration and addresses how the Department distributes
TAA training funds to the States. It will be finalized
after the public comments on the regulation have been
analyzed and considered. The Allocation of Training Funds
portion of this regulation explains, for the first time,
the new formula that the Department uses to allocate
training funds to the States.
The Temporary Agricultural Employment of H-2A Aliens in the
United States regulatory revisions set forth the
requirements for using temporary foreign agricultural
workers and establish wages and working conditions to cover
both U.S. and foreign agricultural workers. The H-2A
program assists in achieving the Secretary's goal to
increase workers' incomes and narrow wage and income
inequality by protecting the wages and working conditions
of both American workers and foreign nationals working in
the United States.
The YouthBuild Program regulation proposes to implement the
YouthBuild Transfer Act of 2006, which transferred the
YouthBuild program from the Department of Housing and Urban
Development to DOL, and amended certain program features to
emphasize skill training and connections to the public
workforce system. The YouthBuild regulations will help
achieve the Secretary's goals by assuring participants gain
the skills and knowledge that will prepare them to succeed
in a knowledge-based economy, including in high-growth and
emerging industry sectors like ``green jobs.''
In addition, the proposed amendments to regulations for equal
employment opportunity (EEO) in apprenticeship and training are a
critical second phase of regulatory updates to modernize the National
Apprenticeship System. The first phase was completed in October 2008
with the publication of a final rule updating regulations for
Apprenticeship Programs and Labor Standards for Registration. The
existing companion EEO regulations for apprenticeship were promulgated
over 30 years ago. Proposed amendments to these regulations will help
achieve the Secretary's goal of a fair and diverse workplace free of
discrimination and harassment by reflecting current EEO law.
Finally, the Department proposes amendments to the temporary non-
agricultural foreign worker (H-2B Worker) regulations. As part of its
statutory responsibility as an advisor to the Department of Homeland
Security, the Department certifies that there is not sufficient U.S.
worker(s) able, available, willing and qualified at the time of an
application for a visa, and that the employment of the alien will not
adversely affect the wages and working conditions of similarly employed
U.S. workers. The Department currently administers such certification
through an attestation-based program. The regulatory review of the H-2B
program will assist in achieving the Secretary's goal to increase
workers' incomes and narrow wage and income inequality by protecting
the wages and working conditions of both American workers and foreign
nationals working in the United States.
Employee Benefits Security Administration
The Employee Benefits Security Administration is responsible for
administering and enforcing the fiduciary, reporting and disclosure,
and health coverage provisions of Title I of the Employee Retirement
Income Security Act of 1974 (ERISA). This includes recent amendments
and additions to ERISA enacted in the Pension Protection Act of 2006,
as well as new COBRA Continuation Coverage Provisions under the
Recovery Act. EBSA's regulatory plan initiatives are intended to
improve health benefits and retirement security for workers in every
type of job at every income level.
Health Benefits for Workers
EBSA will issue guidance implementing the Genetic Information
Nondiscrimination Act of 2008 (GINA)
[[Page 64266]]
amendments to ERISA. Generally, GINA prohibits group health plans from
discriminating in health coverage based on genetic information and from
collecting genetic information. This rulemaking helps ensure that
workers will have access to high quality health coverage, free from
discrimination based on a genetic predisposition towards a disease.
This is a joint rulemaking with the Departments of Health and Human
Services and the Treasury.
EBSA also will be providing guidance regarding the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
(MHPAEA) amendments to ERISA. MHPAEA creates parity for mental health
and substance use disorder benefits under group health plans by
mandating that any financial requirements and treatment limitations
applicable to mental health and substance abuse disorder benefits to be
no more restrictive than predominant requirements or limitations
applied to substantially all medical and surgical benefits covered by a
plan. EBSA's MHPAEA guidance will help ensure the desired outcome of
affording workers access to reliable and high quality health benefits.
EBSA also will issue guidance clarifying the circumstances under which
health care arrangements established or maintained by state or local
governments for the benefit of non-governmental employees do not
constitute an employee welfare benefit plan for purposes of ERISA. Such
clarification is intended to remove perceived impediments to state and
local government efforts to improve access to and opportunities for
quality and affordable health care coverage for vulnerable, uninsured
populations. The clarifications provided by this regulation also will
reduce uncertainty and, therefore, potential regulatory and litigation
costs for both plan sponsors and state and local governments concerning
the scope of ERISA regulation.
Retirement Security for Workers
EBSA will propose amendments to its regulations to clarify the
circumstances under which a person will be considered a fiduciary when
providing investment advice to employee benefit plans and their
participants and beneficiaries of such plans. EBSA also will explore
steps it can take by regulation, or otherwise, to encourage the
offering of lifetime annuities or similar lifetime benefits
distribution options for participants and beneficiaries of defined
contribution plans. These initiatives are intended to assure retirement
security for workers in all jobs regardless of income level by ensuring
that financial advisers and similar persons are required to meet
ERISA's strict standards of fiduciary responsibility and helping to
ensure that participants and beneficiaries have the benefit of their
plan savings throughout retirement.
Occupational Safety and Health Administration
The Secretary's vision for workers requires securing a safe and healthy
workplace. OSHA's regulatory program is designed to help workers and
employers identify hazards in the workplace, prevent the occurrence of
injuries and adverse health effects, and communicate with the regulated
community regarding hazards and how to effectively control them.
Longstanding health hazards such as silica and beryllium and emerging
hazards such as food flavorings containing diacetyl and airborne
infectious diseases place American workers at risk of serious disease
and death and are initiatives on OSHA's regulatory agenda. OSHA's
regulatory program demonstrates a renewed commitment to worker health
by addressing health hazards and the prevention of construction
injuries and fatalities.
First, OSHA is proposing to address worker exposures to crystalline
silica through the promulgation and enforcement of a comprehensive
health standard. Exposure to silica causes silicosis, a debilitating
respiratory disease, and may cause cancer, other chronic respiratory
diseases, and renal and autoimmune disease as well. Over 2 million
workers are exposed to crystalline silica in general industry,
construction, and maritime industries and workers are often exposed to
levels that exceed current OSHA permissible limits, which is frequent
in the construction industry where workers are exposed at levels that
exceed current limits by several fold. It has been estimated that
between 3,500 and 7,000 new cases of silicosis arise each year in the
U.S., and that 1,746 workers died of silicosis between 1996 and 2005.
Reducing these hazardous exposures through promulgation and enforcement
of a comprehensive health standard supports both the Secretary's vision
and will contribute to OSHA's goal of reducing occupational fatalities
and illnesses. As a part of the Secretary's strategy for securing safe
and healthy workplaces, the Mine Safety and Health Administration will
also be undertaking regulatory action related to silica utilizing
information provided by OSHA.
OSHA's second health initiative would revise its Hazard Communication
Standard (HCS) to make it consistent with a globally harmonized
approach to hazard communication. The HCS covers over 945,000 hazardous
chemical products in seven million American workplaces and gives
workers the ``right to know'' about chemical hazards they are exposed
to. OSHA and other Federal agencies have participated in long-term
international negotiations to develop the Globally Harmonized System of
Classification and Labeling of Chemicals (GHS). Revising the HCS to be
consistent with the GHS is expected to significantly improve the
communication of hazards to workers in American workplaces, reducing
exposures to hazardous chemicals, and reducing occupational illnesses
and fatalities.
Workers in construction suffer the most fatalities of any industry. In
2008, OSHA estimated that crane-related accidents in construction cause
over 80 fatalities a year. Therefore, OSHA's major construction
initiative is an update of the 1971 Cranes and Derricks Standards.
Completion of this standard will contribute to a reduction in
occupational injuries and fatalities, which helps achieve the
Secretary's outcome goal of securing safe and healthy workplaces in
high-risk industries. The Agency is currently evaluating the public
comments and planning to issue a final rule in July 2010.
Mine Safety and Health Administration
MSHA's regulatory projects support the Secretary's vision by protecting
the health and safety of the Nation's miners. Despite the agency's past
efforts, miners face safety and health hazards daily at levels unknown
in most other occupations. While the Federal Mine Safety and Health Act
of 1977 (Mine Act) places primary responsibility for preventing unsafe
and unhealthful working conditions in mines on the operators, the
collective commitment of miners, mine operators, and government is
needed to ensure safe workplaces.
The agency's proposed regulatory actions exemplify a commitment to
protecting the most vulnerable populations while assuring broad-based
compliance. Health hazards are pervasive in both coal and metal/
nonmetal mines (including
[[Page 64267]]
surface and underground mines) and large and small mines.
Recent data from the National Institute for Occupational Safety and
Health indicate increased prevalence of coal workers pneumoconiosis
(CWP) ``clusters'' in several geographical areas, particularly in the
Southern Appalachian Region. MSHA plans to publish a notice of proposed
rulemaking to address continued risk to coal miners from exposure to
respirable coal mine dust.
On January 16, 2009, MSHA and NIOSH published a proposed rule that
would revise requirements for the approval of coal mine personal dust
sampling devices. The proposed rule would also establish performance-
based and other requirements for approval of the continuous personal
dust monitor (CPDM) and revise requirements for the existing sampler.
As a part of the agency's efforts in this area, MSHA plans to publish a
Request for Information on the use of the CPDM to measure a miner's
exposure to respirable coal mine dust. The CPDM represents advanced
technology and the RFI will solicit information from the public to help
the Agency determine how to best use the technology to assess coal
miners' dust exposures. MSHA is also considering a rulemaking to
address ways in which mine operators can improve protections in their
dust control plans, emphasizing that the burden of compliance is on the
mine operator, rather than relying exclusively on enforcement
interventions.
These regulatory actions are a part of MSHA's Comprehensive Black Lung
Reduction Strategy for reducing miners' exposure to respirable dust.
This strategy includes enhanced enforcement, education and training,
and health outreach and collaboration.
As a part of the Secretary's strategy for securing safe and healthy
workplaces, both MSHA and OSHA will be undertaking regulatory action
related to silica. Overexposure to crystalline silica can result in
some miners developing silicosis, an irreversible but preventable lung
disease which ultimately may be fatal. Both the coal mine and metal/
nonmetal formulas are designed to limit exposures to 0.1 mg/m\3\ (100
[micro]g) of silica. MSHA plans to follow the recommendation of the
Secretary of Labor's Advisory Committee on the Elimination of
Pneumoconiosis Among Coal Mine Workers, NIOSH, and other industry
groups by publishing a proposed rule to address the exposure limit for
respirable crystalline silica. To assure consistency within the
Department, MSHA intends to use OSHA's work on the health effects of
occupational exposure to silica and OSHA's risk assessment, adapting it
as necessary for the mining industry.
MSHA is placing an emphasis on routinely evaluating the success of
existing enforcement and regulatory strategies and plans to issue an
Advance Notice of Proposed Rulemaking (ANPRM) on dams in metal and
nonmetal mines. Mining operations regularly find it necessary to
construct dams to dispose of large volumes of mine waste from
processing operations, or to provide water supply, sediment control, or
water treatment. The failure of these structures can have a devastating
effect on both the mine and nearby communities. MSHA evaluated its
existing requirements for metal and nonmetal dams and has determined
that the current standards do not provide sufficient guidance to
determine what is needed to effectively design and construct dams with
high or significant hazard potential. The ANPRM will solicit
information on proper design, construction and other safety issues for
impoundments at metal and nonmetal mines whose failure could cause loss
of life or significant property damage.
Employment Standards Administration
ESA's Wage and Hour Division enforces several statutes that establish
minimum labor standards and protect the Nation's workers, including the
Fair Labor Standards Act (FLSA), the Migrant and Seasonal Agricultural
Worker Protection Act, the Family and Medical Leave Act (FMLA), the
Service Contract Act, the Davis-Bacon and Related Acts, the Employee
Polygraph Protection Act, and certain provisions of the Immigration and
Nationality Act. The regulatory initiatives required to implement these
statutory workplace protections represent an important aspect of the
Division's work and affect over 130 million workers across all sectors
of the economy.
Updating the child labor regulations issued under the FLSA will help
meet the challenge of ensuring good jobs for the Nation's working
youth, by balancing their educational needs with job-related
experiences that are safe, healthy, and fair. This will enhance young
workers' opportunities to gain the skills to find and hold good jobs
with the potential to increase their earnings over time.
The Wage and Hour Division will review the implementation of the new
military family leave amendments to the Family and Medical Leave Act
that were included in the National Defense Authorization Act for FY
2008, as well as other provisions of the FMLA regulations that were
revised and implemented in January 2009. This regulatory initiative
assists in achieving the Secretary's goal of workplace flexibility for
family and personal care-giving and, particularly through the job
protection and the maintenance of health benefits provisions, helps
middle-class families remain in the middle class.
The Wage and Hour Division also intends to initiate rulemaking to
update the recordkeeping regulation issued under the Fair Labor
Standards Act. Consistent with the Secretary's strategic vision, this
proposal will foster more openness and transparency by demonstrating
employers' compliance with minimum wage and overtime requirements to
workers. In turn, this will better ensure compliance by regulated
entities and assist the Department with its enforcement efforts.
ESA's Office of Federal Contract Compliance Programs (OFCCP) is charged
with assuring that the door to opportunity is open to every American
regardless of race, color, religion, sex, national origin, veteran
status, or disability. OFCCP enforces Executive Order 11246, as
amended, and selected provisions of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974 (VEVRAA), and Section 503 of the
Rehabilitation Act of 1973, as amended (Section 503). Regulations
issued under the Executive Order and the two acts govern the
nondiscrimination and affirmative action obligations for Federal
contractors and subcontractors. OFCCP's enforcement of these statutory
obligations contributes to achieving several of the Secretary's desired
outcomes, including increasing workers' incomes and narrowing wage and
income inequality, breaking down barriers to fair and diverse work
places so that every worker's contribution is respected and helping
workers who are in low-wage jobs or out of the labor market find a path
into middle-class jobs.
OFCCP is highlighting three regulatory initiatives that reflect the
Secretary's vision of good jobs for everyone. The Evaluation of
Recruitment and Placement Results under Section 503 ANPRM will invite
the public to provide input on how the Department can strengthen
affirmative action requirements by requiring Federal contractors and
subcontractors to conduct more substantive analyses and monitoring of
their recruitment and
[[Page 64268]]
placement efforts targeted to individuals with disabilities.
The Evaluation of Recruitment and Placement Results under VEVRRA NPRM
will propose to revise provisions in the regulations to strengthen
compliance with affirmative action requirements, including the
establishment of outreach, recruitment, and placement goals for the
employment and advancement of covered veterans. This effort will help
support the creation of good jobs for veterans, especially those
returning from recent service in Iraq and Afghanistan. Through this
initiative, OFCCP will help servicemen and women successfully
transition into civilian life.
The Construction Contractor Affirmative Action Requirements proposed
rule would revise the regulations implementing the affirmative action
requirements of Executive Order 11246 that are applicable to federal
and federally-assisted construction contractors. The initiative would
update regulatory provisions that set forth the actions construction
contractors are required to take to implement their affirmative action
obligations.
ESA's Office of Labor-Management Standards (OLMS) administers and
enforces most provisions of the Labor-Management Reporting and
Disclosure Act of 1959 (LMRDA). The LMRDA requires unions, employers,
labor-relations consultants, and others to file financial disclosure
reports, which are publicly available. The LMRDA includes provisions
protecting union member rights to participate in their union's
governance, to run for office and fully exercise their union
citizenship, as well as procedural safeguards to ensure free and fair
union elections.
OLMS intends to publish a Request for Information regarding the use of
Internet voting in union officer elections conducted under the LMRDA to
better inform the agency in administering its obligation under the
union democracy provisions of the Act to ensure that the voting right
of each union member is protected. OLMS also will propose a regulatory
initiative to better implement the public disclosure objectives of the
LMRDA regarding employer-consultant agreements to persuade employees
concerning their rights to organize and bargain collectively. Under
LMRDA section 203 an employer must report any agreement or arrangement
with a third party consultant to persuade employees as to their
collective bargaining rights or to obtain certain information
concerning the activities of employees or a labor organization in
connection with a labor dispute involving the employer. The consultant,
also, is required to report concerning such an agreement or arrangement
with an employer. An exemption to these reporting requirements is set
forth in LMRDA section 203(c), which provides, in part, that employers
and consultants are not required to file a report by reason of the
consultant's giving or agreeing to give ``advice'' to the employer. The
Department believes that current policy concerning the scope of the
``advice exemption'' is over-broad and that a narrower construction
would better allow for the employer and consultant reporting intended
by the LMRDA. Regulatory action is needed to provide workers with
information critical to their effective participation in the workplace.
When workers or union members have more information about what
arrangements have been made by their employer to persuade them whether
or not to join a union, this information helps them make more informed
choices and acts to level the labor-management relations playing field.
Both initiatives support the Secretary's vision of good jobs for
everyone by advancing the goal to ensure that workers and union members
have a voice in the workplace.
ESA's Office of Workers' Compensation Programs (OWCP) administers four
major disability compensation programs that provide wage replacement
benefits, medical treatment, vocational rehabilitation and other
benefits (such as survivors benefits) to certain workers who experience
work-related injury or occupational disease. The Federal Employees'
Compensation Act (FECA) provides workers' compensation benefits to
federal workers for employment related injuries and occupational
diseases as well as survivor benefits for a covered employee's
employment-related death. The Longshore and Harbor Workers'
Compensation Act (LHWCA) provides vocational rehabilitation, medical
benefits, and financial compensation to covered maritime workers who
incurred occupational injuries or illnesses as a result of exposure to
their employment. The LHWCA provides similar coverage for employees
covered by the Defense Base Act (DBA).
These programs serve to advance the Secretary's vision of good jobs for
everyone by securing the desired outcomes of facilitating return to
work for workers experiencing workplace injuries or illnesses who are
able to work and sufficient income and medical care for those who are
unable to work; providing income support when work is impossible or
unavailable; and providing compensation to eligible survivors after the
death of a covered worker, thereby helping middle class families remain
in the middle class.
OWCP plans to update its regulations governing administration of claims
under the FECA. The regulations will be revised to reflect changes
already in place since the regulations were comprehensively updated ten
years ago and to incorporate new procedures that will enhance OWCP's
ability to administer FECA. Among other benefits, changes to the
regulations will facilitate the return to work of injured workers who
are able to work, will enhance OWCP's ability to efficiently provide
sufficient income and medical care for those who are unable to work,
and will foster greater openness and transparency by better explaining
the increased automation of the medical billing process.
In addition, OWCP will modernize the provision of compensation for
employees situated overseas who are neither citizens nor residents of
the United States to reflect current realities in regard to such
employees. The regulations will also be revised to reflect a recent
statutory change to the FECA moving the three-day waiting period before
qualifying for wage-loss compensation for employees of the Postal
Service. These revisions will increase the transparency of program
operations and improve program implementation with efficiency providing
better service in a more timely fashion.
OWCP plans to issue regulations under the LHWCA to clarify the
application of the waiver provisions of the DBA, by explaining the DOL
procedures for reviewing and granting a waiver. These rules will
facilitate return to work for employees experiencing workplace injuries
or illnesses who are able to work and sufficient income and medical
care for those who are unable to work.
[[Page 64269]]
_______________________________________________________________________
DOL--Employment Standards Administration (ESA)
-----------
PROPOSED RULE STAGE
-----------
92. THE FAMILY AND MEDICAL LEAVE ACT OF 1993, AS AMENDED
Priority:
Economically Significant. Major status under 5 USC 801 is undetermined.
Legal Authority:
29 USC 2654
CFR Citation:
29 CFR 825
Legal Deadline:
None
Abstract:
The Department of Labor continues to review the implementation of the
new military family leave amendments to the Family and Medical Leave
Act included in the National Defense Authorization Act for FY 2008, and
other revisions of the current regulations implemented in January 2009.
Statement of Need:
The FMLA requires covered employers to grant eligible employees up to
12 workweeks of unpaid, job-protected leave a year for specified family
and medical reasons, and to maintain group health benefits during the
leave as if the employees continued to work instead of taking leave.
When an eligible employee returns from FMLA leave, the employer must
restore the employee to the same or an equivalent job with equivalent
pay, benefits, and other conditions of employment. FMLA makes it
unlawful for an employer to interfere with, restrain, or deny the
exercise of any right provided by the FMLA. In addition, section 585(a)
of the National Defense Authorization Act for FY 2008 (NDAA), Public
Law 110-181, amended the FMLA effective January 28, 2008, to permit an
eligible employee who is the ``spouse, son, daughter, parent, or next
of kin of a covered servicemember'' to take up to a total of 26
workweeks of leave during a single 12-month period to care for the
covered servicemember, defined as ``a member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list, for a
serious injury or illness.'' The NDAA amendment to FMLA also permits an
eligible employee to take up to 12 workweeks of FMLA leave for ``any
qualifying exigency (as the Secretary [of Labor] shall, by regulation,
determine) arising out of the fact that the spouse, or a son, daughter,
or parent of the employee is on active duty (or has been notified of an
impending call or order to active duty) in the Armed Forces in support
of a contingency operation.'' Regulations implementing these amendments
were published November 17, 2008, and took effect January 16, 2009 (73
FR 67934). The Department is reviewing the implementation of these new
military family leave amendments and other revisions of the current
regulations.
Summary of Legal Basis:
These regulations are authorized by section 404 of the Family and
Medical Leave Act, 29 U.S.C. 2654.
Alternatives:
After completing a review of the implementation of the new military
family leave amendments and other revisions of the regulations
implemented in January 2009, regulatory alternatives will be developed
for notice-and-comment rulemaking.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits of this
initiative will be determined once regulatory alternatives are
developed.
Risks:
This rulemaking action does not directly affect risks to public health,
safety, or the environment.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 11/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Local, State, Tribal
Federalism:
Undetermined
Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB76
_______________________________________________________________________
DOL--ESA
93. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR
STANDARDS ACT
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Legal Authority:
29 USC 211(c)
CFR Citation:
29 CFR 516
Legal Deadline:
None
Abstract:
The Department of Labor proposes to update the recordkeeping
regulations under the Fair Labor Standards Act in order to enhance the
transparency and disclosure to workers of how their pay is computed,
and to modernize other recordkeeping requirements for employees under
``telework'' and ``flexiplace'' arrangements.
Statement of Need:
The recordkeeping regulation issued under the Fair Labor Standards Act
(FLSA), 29 CFR part 516, specifies the scope and manner of records
covered employers must keep that demonstrate compliance with minimum
wage, overtime, and child labor requirements under the FLSA, or the
records to be kept that confirm particular exemptions from some of the
Act's requirements may apply. This proposal intends to update the
recordkeeping requirements to foster more openness and transparency in
demonstrating employers' compliance with applicable requirements to
their workers, to better ensure compliance by regulated entities and to
assist in enforcement. In addition, the proposal intends to modernize
the requirements, consistent with the increasing emphasis on flexi-
place and telecommuting, to allow for
[[Page 64270]]
automated or electronic recordkeeping systems instead of the mandatory
manual preparation of ``homeworker'' handbooks currently required for
all work that an employee may perform in the home.
Summary of Legal Basis:
These regulations are authorized by section 11 of the Fair Labor
Standards Act, 29 U.S.C. 211.
Alternatives:
Alternatives will be developed in considering proposed revisions to the
current recordkeeping requirements. The public will be invited to
provide comments on the proposed revisions and possible alternatives.
Anticipated Cost and Benefits:
Preliminary estimates of anticipated costs and benefits of this
regulatory initiative have not been determined at this time and will be
determined at a later date as appropriate.
Risks:
This action does not affect public health, safety, or the environment.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Local, State, Tribal
Federalism:
Undetermined
Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB78
_______________________________________________________________________
DOL--ESA
94. INTERPRETATION OF THE ``ADVICE'' EXEMPTION OF SECTION
203(C) OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Legal Authority:
29 USC 433; 29 USC 438
CFR Citation:
29 CFR 405; 29 CFR 406
Legal Deadline:
None
Abstract:
The Department intends to publish notice and comment rulemaking seeking
consideration of a revised interpretation of Section 203(c) of the
Labor-Management Reporting and Disclosure Act (LMRDA). That statutory
provision creates an ``advice'' exemption from reporting requirements
that apply to employers and other persons in connection with persuading
employees about the right to organize and bargain collectively. A
proposed revised interpretation would narrow the scope of the advice
exemption.
Statement of Need:
The Department of Labor is proposing a regulatory initiative to better
implement the public disclosure objectives of the Labor-Management
Reporting and Disclosure Act (LMRDA) regarding employer-consultant
agreements to persuade employees concerning their rights to organize
and bargain collectively. Under LMRDA section 203 an employer must
report any agreement or arrangement with a third party consultant to
persuade employees as to their collective bargaining rights or to
obtain certain information concerning the activities of employees or a
labor organization in connection with a labor dispute involving the
employer. The consultant, also, is required to report concerning such
an agreement or arrangement with an employer. Statutory exceptions to
these reporting requirements are set forth in LMRDA section 203(c),
which provides, in part, that employers and consultants are not
required to file a report by reason of the consultant's giving or
agreeing to give ``advice'' to the employer. The Department believes
that its current policy concerning the scope of the ``advice
exception'' is over-broad and that a narrower construction would better
allow for the employer and consultant reporting intended by the LMRDA.
Regulatory action is needed to provide workers with information
critical to their effective participation in the workplace.
Summary of Legal Basis:
This proposed rulemaking is authorized under U.S.C. Sec. Sec. 433 and
438 and applies to regulations at 29 CFR Part 405 and 29 CFR Part 406.
Alternatives:
Alternatives will be developed and considered in the course of notice
and comment rulemaking.
Anticipated Cost and Benefits:
Anticipated costs and benefits of this proposed regulatory initiative
have not been assessed and will be determined at a later date, as
appropriate.
Risks:
This action does not affect public health, safety, or the environment.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 11/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
URL For More Information:
www.olms.dol.gov
URL For Public Comments:
www.regulations.gov
Agency Contact:
Andrew R. Davis
Chief, Division of Interpretations and Standards, Office of Labor-
Management Standards
Department of Labor
Employment Standards Administration
200 Constitution Avenue NW.
FP Building
Room N-5609
Washington, DC 20210
Phone: 202 693-0123
Fax: 202 693-1340
Email: davis.andrew@dol.gov
RIN: 1215-AB79
[[Page 64271]]
_______________________________________________________________________
DOL--ESA
-----------
FINAL RULE STAGE
-----------
95. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION
Priority:
Other Significant
Legal Authority:
29 USC 203(l); 29 USC 212; 29 USC 213(c)
CFR Citation:
29 CFR 570
Legal Deadline:
None
Abstract:
The Department of Labor continues to review the Fair Labor Standards
Act child labor provisions to ensure that the implementing regulations
provide job opportunities for working youth that are healthy and safe
and not detrimental to their education, as required by the statute (29
U.S.C. sections 203(l), 212(c), 213(c), and 216(e)). This proposed rule
will update the regulations to reflect statutory amendments enacted in
2004, and will propose, among other updates, revisions to address
several recommendations of the National Institute for Occupational
Safety and Health (NIOSH) in its 2002 report to the Department of Labor
on the child labor Hazardous Occupations Orders (HOs) (available at
http://www.youthrules.dol.gov/resources.htm).
Statement of Need:
The Fair Labor Standards Act (FLSA) requires the Secretary of Labor to
issue regulations on the employment of minors between 14 and 16 years
of age, ensuring that the periods and conditions of their employment do
not interfere with their schooling, health, or well-being, and to
designate occupations that are particularly hazardous for minors 16 and
17 years of age. Child Labor Regulation No. 3 sets forth the
permissible industries and occupations in which 14- and 15-year-olds
may be employed, specifies the number of hours in a day and in a week,
and time periods within a day, that such minors may be employed.
Updating the child labor regulations issued under the FLSA will help
meet the challenge of ensuring good jobs that are safe, healthy, and
fair for the Nation's working youth, while balancing their educational
needs with job-related experiences that are safe. Updated child labor
regulations that better address the safety needs of today's workplaces
will ensure our young workers have permissible job opportunities that
are safe, enhancing their opportunity to gain the skills to find and
hold good jobs with the potential to increase their earnings over time.
Ensuring safe and reasonable work hours for working youth will also
ensure that top priority is given to their education, consistent with
the purposes of the statute.
Summary of Legal Basis:
These regulations are issued pursuant to sections 3(1), 11, 12, and 13
of the Fair Labor Standards Act, 29 U.S.C. 203(1), 211, 121, and 213.
Alternatives:
When developing regulatory alternatives in the analysis of
recommendations of the National Institute for Occupational Safety and
Health in its 2002 report to the Department on the child labor
hazardous occupations orders and other proposals, the Department has
focused on assuring healthy, safe, and fair workplaces for young
workers that are not detrimental to their education, as required by the
statute. Some of the regulatory alternatives were developed based on
recent legislative amendments.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits of this
rulemaking initiative indicated it was not economically significant.
Benefits to the public, including employers and workers, will include
safer working conditions and the avoidance of injuries and lost
productivity involving young workers.
Risks:
The Department's child labor regulations, by ensuring that permissible
job opportunities for working youth are safe and healthy and not
detrimental to their education, produce positive benefits by reducing
health-related and lost-productivity costs employers might otherwise
incur from higher accident and injury rates to young and inexperienced
workers. Because of the limited nature of the regulatory revisions
contemplated under this initiative, a detailed assessment of the
magnitude of risk was not prepared.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 04/17/07 72 FR 19337
NPRM Comment Period End 07/16/07
Final Action 04/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Local, State
Agency Contact:
Richard M. Brennan
Director, Division of Interpretations and Regulatory Analysis, Wage and
Hour Division
Department of Labor
200 Constitution Avenue NW.
FP Building
Room S-3502
Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1387
RIN: 1215-AB57
_______________________________________________________________________
DOL--Employment and Training Administration (ETA)
-----------
PROPOSED RULE STAGE
-----------
96. YOUTHBUILD PROGRAM REGULATION
Priority:
Other Significant
Legal Authority:
PL 109-281
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
The YouthBuild Transfer Act of 2006, Public Law 109-281, enacted on
September 22, 2006, transfers oversight and administration of the
YouthBuild program from the U.S. Department of Housing and Urban
Development (HUD) to the U.S. Department of Labor (DOL). The YouthBuild
program model targets are high school dropouts, adjudicated youth,
youth aging out of foster care, and other at-risk youth populations.
The program model
[[Page 64272]]
balances in-school learning, geared toward a high school diploma or
GED, and construction skills training, geared toward a career placement
for the youth. DOL intends to develop regulations in response to the
legislation and to guide the program implementation and management.
Statement of Need:
The YouthBuild Transfer Act of 2006 (Transfer Act), PL 109-281,
transfers the YouthBuild program from the HUD to the DOL. The transfer
incorporates technical modifications and amends certain program
features. The Employment and Training Administration is proposing new
regulations which will govern its administration of the YouthBuild
program.
The Transfer Act maintains all the goals of the YouthBuild program as
originally developed under HUD, including supporting the development of
affordable housing, but shifts the emphasis to skills training for
youth participants. The Transfer Act makes the YouthBuild program
consistent with the job training, education, and employment goals under
the Workforce Investment Act, PL 105-220, as amended. This includes
authorizing DOL to apply the common performance measures developed for
Federal youth activities employment and training programs. The Transfer
Act authorizes education and workforce investment, such as occupational
skills training, internships, and job shadowing, as well as community
service and peer-centered activities. In addition, the Transfer Act
allows for greater coordination of the YouthBuild program with the
workforce investment system, including local workforce investment
boards, and One-Stop Career Centers, and their partner programs. These
strengthened connections will enhance the job training and employment
opportunities available to participating at-risk youth.
Summary of Legal Basis:
These regulations are authorized by Public Law 109-281, The YouthBuild
Transfer Act of 2006, to implement changes to the amendments to
subtitle D of Title I of the Workfoce Investment Act of 1998 as amended
(WIA).
Alternatives:
The public will be afforded an opportunity to provide comments on the
YouthBuild program changes when the Department publishes the NPRM in
the Federal Register. A Final Rule will be issued after analysis and
incorporation of public comments to the NPRM.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs of this regulatory
action have not been determined at this time and will be determined at
a later date.
Risks:
This action does not affect public health, safety, or the environment.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/00/10
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Grace A. Kilbane
Administrator, Office of Workforce Investment
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW.
FP Building, Room S-4231
Washington, DC 20210
Phone: 202 693-3980
Email: kilbane.grace@dol.gov
RIN: 1205-AB49
_______________________________________________________________________
DOL--ETA
97. TRADE ADJUSTMENT ASSISTANCE FOR WORKERS PROGRAM; REGULATIONS
Priority:
Other Significant
Legal Authority:
19 USC 2320; Secretary's Order 3-2007, 72 FR 15907
CFR Citation:
20 CFR 617, 618, 665, 671; 29 CFR 90
Legal Deadline:
None
Abstract:
The Trade and Globalization Assistance Act of 2009 (Act), Div. B, Title
I, Subtitle I of the American Recovery and Reinvestment Act of 2009,
reauthorizes the Trade Adjustment Assistance for Workers program. More
specifically, the law amends the criteria for certification of worker
groups as eligible to apply for benefits and services and substantially
expands those benefits and services. It also requires reports on the
program's effectiveness. The Act amends section 248 of the Trade Act of
1974 (19 U.S.C. 2320) and requires that the Secretary issue regulations
to carry out these provisions.
Statement of Need:
The Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA)
is the portion of the American Recovery and Reinvestment Act of 2009
(Recovery Act) (Pub. L. No. 111-5, Div. B, Title I, Subtitle I) that
reauthorized and substantially amended the Trade Adjustment Assistance
for Workers (TAA) program. Significant program changes enacted in the
TGAAA include amending the certification criteria to expand the types
of workers who may be certified and expanding the available program
benefits. This proposed rule is important because it will update the
program's regulations to be in concert with the notable program changes
wrought by the TGAAA.
Summary of Legal Basis:
These regulations are authorized by sections 248 of the Trade Act (19
U.S.C. 2320), as amended by the TGAAA.
Alternatives:
The public will be afforded an opportunity to provide comments on the
proposed regulatory changes when the Department publishes the NPRM in
the Federal Register. A final rule will be issued after analysis of,
and response to, public comments.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs of this regulatory
action have not been determined at this time and will be determined at
a later date.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 12/00/10
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
[[Page 64273]]
Agency Contact:
Erin Fitzgerald
Office of Trade Adjustment Assistance
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW.
Room C-5311, FP Building
Washingon, DC 20210
Phone: 202 693-3500
Fax: 202 693-3149
Email: fitzgerald.erin@dol.gov
RIN: 1205-AB57
_______________________________________________________________________
DOL--ETA
98. EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP AND
TRAINING, AMENDMENT OF REGULATIONS
Priority:
Other Significant
Legal Authority:
Sec. 1, 50 Stat. 664, as amended (29 USC 50; 40 USC 276c; 5 USC 301);
Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (5 USC App. P. 534)
CFR Citation:
29 CFR 30 (Revision)
Legal Deadline:
None
Abstract:
Revisions to the equal opportunity regulatory framework for the
National Apprenticeship Act are a critical element in the Department's
vision to promote and expand registered apprenticeship opportunities in
the 21st century while continuing to safeguard the welfare and safety
of apprentices. In October 2008, the Agency issued a Final rule
updating regulations for Apprenticeship Programs and Labor Standards
for Registration. These regulations, codified at Title 29 Code of
Federal Regulations (CFR) part 29, had not been updated since first
promulgated in 1977. The companion regulations, 29 CFR part 30, Equal
Employment Opportunity (EEO) in Apprenticeship and Training, have not
been amended since first promulgated in 1978.
The Agency now proposes to update 29 CFR part 30 to ensure that the
National Registered Apprenticeship System is consistent and in
alignment with changes in Affirmative Action regulations and EEO laws
and court cases that have occurred over the past three decades [e.g.
Americans with Disabilities Act (ADA) and the Age Discrimination in
Employment Act (ADEA)], and recent revisions to Title 29 CFR part 29.
This second phase of regulatory updates will ensure that Registered
Apprenticeship is positioned to continue to provide economic
opportunity for millions of Americans while keeping pace with these new
requirements.
Statement of Need:
Federal regulations for Equal Employment Opportunity (EEO) in
Apprenticeship and Training have not been updated since first
promulgated in 1978. Updates to these regulations are necessary to
ensure that DOL regulatory requirements governing the National
Registered Apprenticeship System are consistent with the current state
of EEO law, including affirmative action, the passage of, for example,
the Americans with Disabilities Act (ADA) and the Age Discrimination in
Employment Act (ADEA), and recent revisions to Title 29 CFR part 29,
regulations for Apprenticeship Programs and Labor Standards for
Registration.
Summary of Legal Basis:
These regulations are authorized by the National Apprenticeship Act of
1937 (29 U.S.C. 50) and the Copeland Act (40 U.S.C. 276c). These
regulations will set forth policies and procedures to promote equality
of opportunity in apprenticeship programs registered with the U.S.
Department of Labor or in State Apprenticeship Agencies recognized by
the U.S. Department of Labor.
Alternatives:
The public will be afforded an opportunity to provide comments on the
proposed amendment to Apprenticeship EEO regulations when the
Department publishes a Notice of Proposed Rulemaking (NPRM) in the
Federal Register. A Final Rule will be issued after analysis and
incorporation of public comments to the NRPM.
Anticipated Cost and Benefits:
Preliminary estimates of anticipated costs and benefits of this
regulatory action have not been determined at this time. The Department
will explore options for conducting a cost-benefit analysis for this
regulatory action, if necessary.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 01/00/11
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Tribal
Federalism:
This action may have federalism implications as defined in EO 13132.
Agency Contact:
John V. Ladd
Office of Apprenticeship
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW
Room N5311
FP Building
Washington, DC 20210
Phone: 202 693-2796
Fax: 202 693-3799
Email: ladd.john@dol.gov
RIN: 1205-AB59
_______________________________________________________________________
DOL--ETA
-----------
FINAL RULE STAGE
-----------
99. TEMPORARY AGRICULTURAL EMPLOYMENT OF H-2A ALIENS IN THE UNITED
STATES
Priority:
Other Significant
Legal Authority:
8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1188
CFR Citation:
20 CFR 655
Legal Deadline:
None
Abstract:
The Department of Labor (the Department of DOL) proposes to amend its
regulations governing the certification of temporary employment of
nonimmigrant workers in temporary or seasonal agricultural employment
and the enforcement of the contractual obligations applicable to
employers of such nonimmigrant workers. This Notice of Proposed
Rulemaking would reexamine 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 status.
Statement of Need:
The Department has determined for a variety of reasons that a new
[[Page 64274]]
rulemaking effort is necessary for the H-2A program. The Department
believes that the policy underpinnings of the 2008 Final Rule, e.g.,
streamlining the H-2A regulatory process to defer many determinations
of program compliance until after an application has been fully
adjudicated, do not provide an adequate level of protection for either
U.S. or foreign workers.
In addition, the Department's experience under the program since
January 2009 demonstrates that the policy goals of the 2008 Final Rule
have not been met. One of the clear goals of the 2008 Final Rule was to
increase the use of the H-2A program and to make the program easier and
more affordable to use for the average employer. However, applications
have actually decreased since the implementation of the new program.
Not only has usage not increased under the program revisions, there has
actually been a reversal of an existing multi-year trend toward
increased program use. While factors other than the regulatory changes
may play a role in this decrease, the Department can not justify the
significant decrease in worker protections if the prior rules' goal of
increasing program use is not being accomplished.
The Department believes that there are insufficient worker protections
in the attestation-based model in which employers merely confirm, and
do not actually demonstrate, that they have performed an adequate test
of the U.S. labor market. Even in the first year of the attestation
model, it has come to the Department's attention that employers, either
from a lack of understanding or otherwise, are attesting to compliance
with program obligations with which they have not complied. Such non-
compliance appears to be sufficiently substantial and widespread for
the Department to revisit the use of attestations, even with the use of
back-end integrity measures for demonstrated non-compliance.
The Department has also determined that the area in which agricultural
workers are most vulnerable -- wages -- has been adversely impacted to
a far more significant extent than anticipated by the 2008 Final Rule.
The shift from the AEWR as calculated under the 1987 Rule to the AEWR
of the 2008 Final Rule resulted in a substantial reduction of
farmworker wages in a number of labor categories, and the obvious
effects of that reduction on the workers' and their families' ability
to meet necessary costs is an important concern.
Summary of Legal Basis:
These proposed regulations are authorized under Section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, as
amended. 8 U.S.C. 1101(a)(15)(H)(ii)(a); see also 8 U.S.C. 1184(c)(1)
and 1188.
Alternatives:
The Department took into account both the regulations promulgated in
1987, as well as the significant reworking of the regulations in the
2008 Final Rule, in order to arrive at a balance between the worker
protections of the 1987 Rule and the program integrity measures of the
2008 Final Rule.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated monetized costs of this
proposed regulatory action are $10.56 million in 2009 to $18.07 million
in 2018. A final estimate of costs and benefits will be prepared at the
Final Rule stage in response to public comments.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 02/13/08 73 FR 8538
NPRM Comment Period End 03/31/08
NPRM Comment Period
Extended 04/14/08 73 FR 16243
Final Rule 12/18/08 73 FR 77110
Final Rule Effective 01/17/09
Notice of Proposed
Suspension 03/17/09 74 FR 11408
Comment Period End 03/27/09
Notice of Final
Suspension 05/29/09 74 FR 25972
NPRM 09/04/09 74 FR 45905
NPRM Comment Period End 10/05/09
NPRM Comment Period
Extended 10/20/09 74 FR 50929
Final Rule 02/00/10
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State
Agency Contact:
Dr. William L. Carlson
Administrator, Office of Foreign Labor Certification
Department of Labor
Employment and Training Administration
FP Building
Room C-4312
200 Constitution Avenue NW.
Washington, DC 20210
Phone: 202 693-3010
Email: carlson.william@dol.gov
RIN: 1205-AB55
_______________________________________________________________________
DOL--Employee Benefits Security Administration (EBSA)
-----------
PRERULE STAGE
-----------
100. LIFETIME INCOME OPTIONS FOR PARTICIPANTS AND
BENEFICIARIES IN RETIREMENT PLANS
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
29 USC 1135; ERISA sec 505
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
This initiative will explore what steps, if any, that the Department
could or should take, by regulation or otherwise, to enhance the
retirement security of American workers by facilitating access to and
use of lifetime income or income arrangements designed to provide a
stream of income after retirement.
Statement of Need:
With a continuing trend away from defined benefit plans to defined
contribution plans, employees are not only increasingly responsible for
the adequacy of their retirement savings, but also for ensuring that
their savings last throughout their retirement. Employees may benefit
from access to and use of lifetime income or other arrangements that
will reduce the risk of running out of funds during the retirement
years. However, both access to and use of such arrangements in defined
contribution plans is limited.
[[Page 64275]]
The Department, taking into consideration recommendations of the ERISA
Advisory Council and others, intends to explore what steps, if any, it
could or should take, by regulation or otherwise, to enhance the
retirement security of workers by increasing access to and use of such
arrangements.
Summary of Legal Basis:
Section 505 of ERISA provides that the Secretary may prescribe such
regulations as she finds necessary and appropriate to carry out the
provisions of title I of the Act.
Alternatives:
Alternatives will be considered following a determination of the scope
and nature of the regulatory guidance needed by the public.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits will be
developed, as appropriate, following a determination regarding the
alternatives to be considered.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
RFI 01/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and
Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Rm N-5655
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB33
_______________________________________________________________________
DOL--EBSA
-----------
PROPOSED RULE STAGE
-----------
101. DEFINITION OF ``FIDUCIARY'' -- INVESTMENT ADVICE
Priority:
Economically Significant. Major under 5 USC 801.
Unfunded Mandates:
Undetermined
Legal Authority:
29 USC 1002; ERISA sec 3(21); 29 USC 1135; ERISA sec 505
CFR Citation:
29 CFR 2510.3-21(c)
Legal Deadline:
None
Abstract:
This rulemaking would amend the regulatory definition of the term
``fiduciary'' set forth at 29 CFR 2510.3-21 (c) to more broadly define
as employee benefit plan fiduciaries persons who render investment
advice to plans for a fee within the meaning of section 3(21) of ERISA.
The amendment would take into account current practices of investment
advisers and the expectations of plan officials and participants who
receive investment advice.
Statement of Need:
This rulemaking is needed to bring the definition of ``fiduciary'' into
line with investment advice practices and to recast the current
regulation to better reflect relationships between investment advisers
and their employee benefit plan clients. The current regulation may
inappropriately limit the types of investment advice relationships that
should give rise to fiduciary duties on the part of the investment
adviser.
Summary of Legal Basis:
Section 505 of ERISA provides that the Secretary may prescribe such
regulations as she finds necessary and appropriate to carry out the
provisions of title I of the Act. Regulation 29 CFR 2510.3-21(c)
defines the term fiduciary for certain purposes under section 3(21) of
ERISA.
Alternatives:
Alternatives will be considered following a determination of the scope
and nature of the regulatory guidance needed by the public.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits will be
developed, as appropriate, following a determination regarding the
alternatives to be considered.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and
Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Rm N-5655
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB32
_______________________________________________________________________
DOL--EBSA
102. HEALTH CARE ARRANGEMENTS ESTABLISHED BY STATE AND LOCAL
GOVERNMENTS FOR NON-GOVERNMENTAL EMPLOYEES
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
29 USC 1135; ERISA sec 505
CFR Citation:
29 CFR 2510.3-1
Legal Deadline:
None
Abstract:
Department of Labor regulation 29 C.F.R. 2510.3-1 clarifies the
definition of the terms ``employee welfare benefit plan'' and ``welfare
plan'' for purposes
[[Page 64276]]
of title I of the Employee Retirement Income Security Act of 1974
(ERISA) by identifying certain practices which do not constitute
employee welfare benefit plans. This rulemaking would amend that
regulation to clarify the circumstances under which health care
arrangements established or maintained by state or local governments
for the benefit of non-governmental employees do not constitute an
employee welfare benefit plan for purposes of section 3(1) of ERISA and
29 CFR 2510.3-1.
Statement of Need:
Questions have been raised regarding the extent to which health care
reform efforts on the part of state and local governments result in the
creation of ERISA-covered employee welfare benefit plans or otherwise
implicate ERISA. This regulation is needed to provide certainty to both
governmental bodies and employers concerning the application of ERISA
to such efforts.
Summary of Legal Basis:
Section 505 of ERISA provides that the Secretary may prescribe such
regulations as she finds necessary and appropriate to carry out the
provisions of title I of the Act. Regulation 29 CFR 2510.3-1 clarifies
definitions of the terms ``employee welfare benefit plan'' and
``welfare plan'' for purposes of title I of ERISA.
Alternatives:
Alternatives will be considered following a determination of the scope
and nature of the regulatory guidance needed by the public.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits will be
developed, as appropriate, following a determination regarding the
alternatives to be considered.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 09/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and
Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW.
FP Building
Rm N-5655
Washington, DC 20210
Phone: 202 693-8500
RIN: 1210-AB34
_______________________________________________________________________
DOL--EBSA
-----------
FINAL RULE STAGE
-----------
103. GENETIC INFORMATION NONDISCRIMINATION
Priority:
Other Significant
Legal Authority:
29 USC 1182; 29 USC 1191b(d); 29 USC 1132
CFR Citation:
Not Yet Determined
Legal Deadline:
Final, Statutory, May 21, 2009, As per GINA section 101(f)(1).
Abstract:
Pursuant to ERISA sections 702, 733(d), and 502, as amended by the
Genetic Information Nondiscrimination Act of 2008 (GINA) (Pub. L. 110-
233) enacted May 21, 2008, the Department is developing regulatory
guidance. Regulatory guidance will provide clarification regarding
GINA's prohibition against discrimination in group premiums based on
genetic information, its limitations on genetic testing, its
prohibition on collection of genetic information, and its new civil
monetary penalties under ERISA.
Statement of Need:
GINA section 101(f)(1) requires the Secretary to issue regulations to
carry out its statutory provisions no later than May 21, 2009.
Summary of Legal Basis:
Section 505 of ERISA provides that the Secretary may prescribe such
regulations as she considers necessary and appropriate to carry out the
provisions of title I of ERISA. Section 734 of ERISA provides that the
Secretary may promulgate such regulations as may be necessary or
appropriate to carry out the provisions of part 7 of ERISA. In
addition, GINA section 101(f) requires the Secretary to issue
regulations to carry out GINA's amendments.
Alternatives:
Alternatives will be considered following a determination of the scope
and nature of the regulatory guidance needed by the public.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits will be
developed, as appropriate, following a determination regarding the
alternatives to be considered.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Request for Information 10/10/08 73 FR 60208
Request for Information
Comment Period End 12/09/08
Interim Final Rule 10/07/09 74 FR 51664
Interim Final Rule
Effective 12/07/09
Interim Final Rule
Comment Period End 01/05/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Amy J. Turner
Senior Advisor
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-AB27
_______________________________________________________________________
DOL--EBSA
104. MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT
Priority:
Other Significant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
[[Page 64277]]
Legal Authority:
29 USC 1185a
CFR Citation:
Not Yet Determined
Legal Deadline:
Final, Statutory, October 8, 2009, as per MHPAEA section 512(d).
Abstract:
Pursuant to ERISA section 712, as amended by the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
(MHPAEA) (Pub. L. 110-343) enacted on October 8, 2008, the Department
is developing regulatory guidance.
Statement of Need:
In response to a Request for Information in April 2008, over 400
comment letters were received raising questions regarding compliance
with the federal parity provisions. This regulation is needed to
provide clarifications to participants, beneficiaries, health care
providers, employment-based health plans, health insurance issuers,
third-party administrators, brokers, underwriters, and other plan
service providers regarding such provisions.
Summary of Legal Basis:
Section 505 of ERISA provides that the Secretary may prescribe such
regulations as she finds necessary and appropriate to carry out the
provisions of title I of the Act. Section 734 of ERISA provides that
the Secretary may prescribe regulations necessary or appropriate to
carry out the provisions of ERISA Part 7. MHPAEA created new federal
parity provisions in ERISA section 712 and provides, in section 512(d),
that the Secretary shall issue regulations to carry out the provisions
of MHPAEA.
Alternatives:
Alternatives will be considered following a determination of the scope
and nature of the regulatory guidance needed by the public.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits will be
developed, as appropriate, following a determination regarding the
alternatives to be considered.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Request for Information 04/28/09 74 FR 19155
Request for Information
Comment Period End 05/28/09
Interim Final Rule 04/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Federalism:
Undetermined
Agency Contact:
Amy J. Turner
Senior Advisor
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
Related RIN: Related to 0938-AP65, Related to 1545-BI70
RIN: 1210-AB30
_______________________________________________________________________
DOL--Mine Safety and Health Administration (MSHA)
-----------
PRERULE STAGE
-----------
105. METAL AND NONMETAL IMPOUNDMENTS
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
30 USC 811; 30 USC 812
CFR Citation:
30 CFR 56; 30 CFR 57
Legal Deadline:
None
Abstract:
Water, sediment, and slurry impoundments for metal and nonmetal mining
and milling operations are located throughout the country. Some of
these impoundments would impact homes, well-traveled roads, and other
important infrastructure if they were to fail. Impoundment failures
could endanger lives and cause property damage. MSHA will issue an
advance notice of proposed rulemaking to solicit information relative
to proper design, construction, operation, maintenance, and other
safety issues for impoundments at metal and nonmetal mines whose
failure could cause loss of life or significant property damage.
Statement of Need:
Mining operations regularly find it necessary to construct dams to
dispose of large volumes of mine waste (tailings or slurry) from
processing operations, or to provide water supply, sediment control, or
water treatment. Impoundments are structures that are used to impound
water, sediment, or slurry or any combination of materials. Dams that
form impoundments must be designed to be stable under the various
conditions they will be subjected to, including runoff from rainfall,
seepage, and possibly earthquake shaking. The failure of these
structures can have a devastating effect on both the mine and nearby
communities.
Every two years since 1980, a report has been prepared by the Federal
Emergency Management Agency (FEMA) and sent to Congress on the status
of dam safety in the U.S. These reports are required by a 1979
Presidential Memorandum which directed the Federal agencies responsible
for dams to adopt and implement the Federal Guidelines for Dam Safety.
MSHA has been criticized in these biennial reports for its lack of
regulation of metal and nonmetal dams. MSHA's Metal and Nonmetal
standards do not provide sufficient guidance to determine what is
needed to effectively design and construct dams with high or
significant hazard potential. The Metal and Nonmetal standards need to
more effectively address requirements for dam design, construction,
operation and maintenance.
Summary of Legal Basis:
Promulgation of this regulation is authorized by the Federal Mine
Safety and Health Act of 1977 as amended by the Mine Improvement and
New Emergency Response Act of 2006.
Alternatives:
MSHA is considering amendments, revisions, and additions to existing
standards.
Anticipated Cost and Benefits:
MSHA will develop a preliminary regulatory economic analysis to
[[Page 64278]]
accompany any proposed rule that may be developed.
Risks:
The failure of impoundments can have a devastating affect on both the
mine and nearby communities by causing loss of life and property
damage.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
ANPRM 06/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
1100 Wilson Boulevard
Room 2350
Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: silvey.patricia@dol.gov
RIN: 1219-AB70
_______________________________________________________________________
DOL--MSHA
-----------
PROPOSED RULE STAGE
-----------
106. RESPIRABLE CRYSTALLINE SILICA STANDARD
Priority:
Other Significant
Legal Authority:
30 USC 811; 30 USC 813
CFR Citation:
30 CFR 56 to 57; 30 CFR 70 to 72; 30 CFR 90
Legal Deadline:
None
Abstract:
Current standards limit exposures to quartz (crystalline silica) in
respirable dust. The coal mining industry standard is based on the
formula 10mg/m3 divided by the percentage of quartz where the quartz
percent is greater than 5.0 percent calculated as an MRE equivalent
concentration. The metal and nonmetal mining industry standard is based
on the 1973 American Conference of Governmental Industrial Hygienists
(ACGIH) Threshold Limit Values formula: 10 mg/m3 divided by the
percentage of quartz plus 2. Overexposure to crystalline silica can
result in some miners developing silicosis, an irreversible but
preventable lung disease, which ultimately may be fatal. Both formulas
are designed to limit exposures to 0.1 mg/m3 (100ug) of silica. The
Secretary of Labor's Advisory Committee on the Elimination of
Pneumoconiosis Among Coal Mine Workers made several recommendations
related to reducing exposure to silica. NIOSH recommends a 50 ug/m3
exposure limit for respirable crystalline silica, and ACGIH recommends
a 25 ug/m3 exposure limit. MSHA will publish a proposed rule to address
miners' exposure to respirable crystalline silica.
Statement of Need:
MSHA standards are outdated; current regulations may not protect
workers from developing silicosis. Evidence indicates that miners
continue to develop silicosis. MSHA's proposed regulatory action
exemplifies the agency's commitment to protecting the most vulnerable
populations while assuring broad-based compliance. MSHA will regulate
to eliminate or reduce the hazards with the broadest and most serious
consequences based on sound science. MSHA intends to use OSHA's work on
the health effects and risk assessment, adapting it as necessary for
the mining industry.
Summary of Legal Basis:
Promulgation of this standard is authorized by sections 101 and 103 of
the Federal Mine Safety and Health Act of 1977.
Alternatives:
This rulemaking would amend and improve health protection from that
afforded by the existing standard. MSHA will consider alternative
methods of addressing miners' exposure based on the capabilities of the
sampling and analytical methods.
Anticipated Cost and Benefits:
MSHA will prepare estimates of the anticipated costs and benefits
associated with the proposed rule.
Risks:
For over 70 years, toxicology information and epidemiological studies
have shown that exposure to respirable crystalline silica presents
potential health risks to miners. These potential adverse health
effects include simple silicosis, progressive massive fibrosis (lung
scarring). Evidence indicates that exposure to silica may cause cancer.
MSHA believes that the health evidence forms a reasonable basis for
reducing miners' exposure to respirable crystalline silica.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 04/00/11
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Local, State
URL For More Information:
www.msha.gov/regsinfo.htm
URL For Public Comments:
www.regulations.gov
Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
1100 Wilson Boulevard
Room 2350
Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: silvey.patricia@dol.gov
RIN: 1219-AB36
_______________________________________________________________________
DOL--MSHA
107. OCCUPATIONAL EXPOSURE TO COAL MINE DUST (LOWERING EXPOSURE)
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
30 USC 811; 30 USC 812
CFR Citation:
30 CFR 70; 30 CFR 71; 30 CFR 75; 30 CFR 90
Legal Deadline:
None
[[Page 64279]]
Abstract:
The Federal Coal Mine Health and Safety Act of 1969 established the
first comprehensive respirable dust standards for coal mines. These
standards were designed to reduce the incidence of coal workers'
pneumoconiosis (black lung) and silicosis and eventually eliminate
these diseases. While significant progress has been made toward
improving the health conditions in our Nation's coal mines, miners
continue to be at risk of developing occupational lung disease,
according to the National Institute for Occupational Safety and Health
(NIOSH). In September 1995, NIOSH issued a Criteria Document in which
it recommended that the respirable coal mine dust permissible exposure
limit (PEL) be cut in half. In February 1996, the Secretary of Labor
convened a Federal Advisory Committee on the Elimination of
Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the
adequacy of MSHA's current program and standards to control respirable
dust in underground and surface coal mines, as well as other ways to
eliminate black lung and silicosis among coal miners. The Committee
represented the labor, industry and academic communities. The Committee
submitted its report to the Secretary of Labor in November 1996, with
the majority of the recommendations unanimously supported by the
Committee members. The Committee recommended a number of actions to
reduce miners' exposure to respirable coal mine dust. MSHA will publish
a proposed rule to address miners' exposure to respirable coal mine
dust.
Statement of Need:
Comprehensive respirable dust standards for coal mines were designed to
reduce the incidence, and eventually eliminate, CWP and silicosis.
While significant progress has been made toward improving the health
conditions in our Nation's coal mines, miners remain at risk of
developing occupational lung disease, according to NIOSH. Recent NIOSH
data indicates increased prevalence of CWP ``clusters'' in several
geographical areas, particularly in the Southern Appalachian Region.
Summary of Legal Basis:
Promulgation of this regulation is authorized by the Federal Mine
Safety and Health Act of 1977 as amended by the Mine Improvement and
New Emergency Response Act of 2006.
Alternatives:
MSHA is considering amendments, revisions, and additions to existing
standards.
Anticipated Cost and Benefits:
MSHA will develop a preliminary regulatory economic analysis to
accompany the proposed rule.
Risks:
Respirable coal dust is one of the most serious occupational hazards in
the mining industry. Occupational exposure to excessive levels of
respirable coal mine dust can cause workers' pneumoconiosis and
silicosis, which are potentially disabling and can cause death. MSHA is
pursuing both regulatory and nonregulatory actions to eliminate these
diseases through the control of coal mine respirable dust levels in
mines and reduction of miners' exposure. MSHA will develop a risk
assessment to accompany the proposed rule.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 09/00/10
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
1219-AB14 (Verification of Underground Coal Mine Operators' Dust
Control Plans and Compliance Sampling for Respirable Dust) and 1219-
AB18 (Determination of Concentration of Respirable Coal Mine Dust) have
been integrated.
Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
1100 Wilson Boulevard
Room 2350
Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: silvey.patricia@dol.gov
Related RIN: Related to 1219-AA81, Related to 1219-AB14, Related to
1219-AB18
RIN: 1219-AB64
_______________________________________________________________________
DOL--Occupational Safety and Health Administration (OSHA)
-----------
PRERULE STAGE
-----------
108. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA
Priority:
Economically Significant. Major under 5 USC 801.
Unfunded Mandates:
This action may affect State, local or tribal governments.
Legal Authority:
29 USC 655(b); 29 USC 657
CFR Citation:
29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926
Legal Deadline:
None
Abstract:
Crystalline silica is a significant component of the earth's crust, and
many workers in a wide range of industries are exposed to it, usually
in the form of respirable quartz or, less frequently, cristobalite.
Chronic silicosis is a uniquely occupational disease resulting from
exposure of employees over long periods of time (10 years or more).
Exposure to high levels of respirable crystalline silica causes acute
or accelerated forms of silicosis that are ultimately fatal. The
current OSHA permissible exposure limit (PEL) for general industry is
based on a formula recommended by the American Conference of
Governmental Industrial Hygienists (ACGIH) in 1971 (PEL=10mg/cubic
meter/(% silica + 2), as respirable dust). The current PEL for
construction and maritime (derived from ACGIH's 1962 Threshold Limit
Value) is based on particle counting technology, which is considered
obsolete. NIOSH and ACGIH recommend 50[micro]g/m3 and 25[micro]g/m3
exposure limits, respectively, for respirable crystalline silica.
Both industry and worker groups have recognized that a comprehensive
standard for crystalline silica is needed to provide for exposure
monitoring, medical surveillance, and worker training. The American
Society for Testing and Materials (ASTM) has published a recommended
standard for addressing the hazards of crystalline silica. The Building
Construction Trades Department of the AFL-CIO has
[[Page 64280]]
also developed a recommended comprehensive program standard. These
standards include provisions for methods of compliance, exposure
monitoring, training, and medical surveillance.
Statement of Need:
Workers are exposed to crystalline silica dust in general industry,
construction, and maritime industries. Industries that could be
particularly affected by a standard for crystalline silica include:
Foundries, industries that have abrasive blasting operations, paint
manufacture, glass and concrete product manufacture, brick making,
china and pottery manufacture, manufacture of plumbing fixtures, and
many construction activities including highway repair, masonry,
concrete work, rock drilling, and tuckpointing. The seriousness of the
health hazards associated with silica exposure is demonstrated by the
fatalities and disabling illnesses that continue to occur; between 1990
and 1996, 200 to 300 deaths per year are known to have occurred where
silicosis was identified on death certificates as an underlying or
contributing cause of death. It is likely that many more cases have
occurred where silicosis went undetected. In addition, the
International Agency for Research on Cancer (IARC) has designated
crystalline silica as a known human carcinogen. Exposure to crystalline
silica has also been associated with an increased risk of developing
tuberculosis and other nonmalignant respiratory diseases, as well as
renal and autoimmune respiratory diseases. Exposure studies and OSHA
enforcement data indicate that some workers continue to be exposed to
levels of crystalline silica far in excess of current exposure limits.
Congress has included compensation of silicosis victims on Federal
nuclear testing sites in the Energy Employees' Occupational Illness
Compensation Program Act of 2000. There is a particular need for the
Agency to modernize its exposure limits for construction and maritime
workers, and to address some specific issues that will need to be
resolved to propose a comprehensive standard.
Summary of Legal Basis:
The legal basis for the proposed rule is a preliminary determination
that workers are exposed to a significant risk of silicosis and other
serious disease and that rulemaking is needed to substantially reduce
the risk. In addition, the proposed rule will recognize that the PELs
for construction and maritime are outdated and need to be revised to
reflect current sampling and analytical technologies.
Alternatives:
Over the past several years, the Agency has attempted to address this
problem through a variety of non-regulatory approaches, including
initiation of a Special Emphasis Program on silica in October 1997,
sponsorship with NIOSH and MSHA of the National Conference to Eliminate
Silicosis, and dissemination of guidance information on its Web site.
The Agency is currently evaluating several options for the scope of the
rulemaking.
Anticipated Cost and Benefits:
The scope of the proposed rulemaking and estimates of the costs and
benefits are still under development.
Risks:
A detailed risk analysis is under way.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Completed SBREFA Report 12/19/03
Initiate Peer Review of
Health Effects and
Risk Assessment 05/22/09
Complete Peer Review 01/00/10
NPRM 07/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Federalism:
This action may have federalism implications as defined in EO 13132.
Agency Contact:
Dorothy Dougherty
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: dougherty.dorothy@dol.gov
RIN: 1218-AB70
_______________________________________________________________________
DOL--OSHA
-----------
PROPOSED RULE STAGE
-----------
109. HAZARD COMMUNICATION
Priority:
Economically Significant. Major under 5 USC 801.
Unfunded Mandates:
This action may affect the private sector under PL 104-4.
Legal Authority:
29 USC 655(b); 29 USC 657
CFR Citation:
29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29
CFR 1926.59; 29 CFR 1928.21
Legal Deadline:
None
Abstract:
OSHA's Hazard Communication Standard (HCS) requires chemical
manufacturers and importers to evaluate the hazards of the chemicals
they produce or import, and prepare labels and material safety data
sheets to convey the hazards and associated protective measures to
users of the chemicals. All employers with hazardous chemicals in their
workplaces are required to have a hazard communication program,
including labels on containers, material safety data sheets (MSDS), and
training for employees. Within the United States (U.S.), there are
other Federal agencies that also have requirements for classification
and labeling of chemicals at different stages of the life cycle.
Internationally, there are a number of countries that have developed
similar laws that require information about chemicals to be prepared
and transmitted to affected parties. These laws vary with regard to the
scope of substances covered, definitions of hazards, the specificity of
requirements (e.g., specification of a format for MSDSs), and the use
of symbols and pictograms. The inconsistencies between the various laws
are substantial enough that different labels and safety data sheets
must often be used for the same product when it is marketed in
different nations.
The diverse and sometimes conflicting national and international
requirements can create confusion among those who seek to use hazard
information. Labels and safety data sheets may include
[[Page 64281]]
symbols and hazard statements that are unfamiliar to readers or not
well understood. Containers may be labeled with such a large volume of
information that important statements are not easily recognized.
Development of multiple sets of labels and safety data sheets is a
major compliance burden for chemical manufacturers, distributors, and
transporters involved in international trade. Small businesses may have
particular difficulty in coping with the complexities and costs
involved.
As a result of this situation, and in recognition of the extensive
international trade in chemicals, there has been a long-standing effort
to harmonize these requirements and develop a system that can be used
around the world. In 2003, the United Nations adopted the Globally
Harmonized System of Classification and Labeling of Chemicals (GHS).
Countries are now adopting the GHS into their national regulatory
systems. OSHA is considering modifying its HCS to make it consistent
with the GHS. This would involve changing the criteria for classifying
health and physical hazards, adopting standardized labeling
requirements, and requiring a standardized order of information for
safety data sheets.
Statement of Need:
Multiple sets of requirements for labels and safety data sheets present
a compliance burden for U.S. manufacturers, distributors, and
transports involved in international trade. Adoption of the GHS would
facilitate international trade in chemicals, reduce the burdens caused
by having to comply with differing requirements for the same product,
and allow companies that have not had the resources to deal with those
burdens to be involved in international trade. This is particularly
important for small producers who may be precluded currently from
international trade because of the compliance resources required to
address the extensive regulatory requirements for classification and
labeling of chemicals. Thus every producer is likely to experience some
benefits from domestic harmonization, in addition to the benefits that
will accrue to producers involved in international trade.
Most importantly, comprehensibility of hazard information and worker
safety will be enhanced as the GHS will: (1) provide consistent
information and definitions for hazardous chemicals; (2) address
stakeholder concerns regarding the need for a standardized format for
material safety data sheets; and (3) increase understanding by using
standardized pictograms and harmonized hazard statements. The increase
in comprehensibility and consistency will reduce confusion and thus
improve worker safety and health.
Several nations, including the European Union, have adopted the GHS
with an implementation schedule through 2015. U.S. manufacturers,
employers, and employees will be at a disadvantage in the event that
our system of hazard communication is not compliant with the GHS.
Summary of Legal Basis:
The Occupational Safety and Health Act of 1970 authorizes the Secretary
of Labor to set mandatory occupational safety and health standards to
assure safe and healthful working conditions for working men and women
(29 U.S.C. 651).
Alternatives:
The alternative to the proposed rulemaking would be to take no
regulatory action.
Anticipated Cost and Benefits:
The estimates of the costs and benefits are still under development.
Risks:
OSHA's risk analysis is under development.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
ANPRM 09/12/06 71 FR 53617
ANPRM Comment Period End 11/13/06
Complete Peer Review of
Economic Analysis 11/19/07
NPRM 09/30/09 74 FR 50279
NPRM Comment Period End 12/29/09
Hearing 02/00/10
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Local, State
Federalism:
This action may have federalism implications as defined in EO 13132.
Agency Contact:
Dorothy Dougherty
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: dougherty.dorothy@dol.gov
RIN: 1218-AC20
_______________________________________________________________________
DOL--OSHA
-----------
FINAL RULE STAGE
-----------
110. CRANES AND DERRICKS IN CONSTRUCTION
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
29 USC 651(b); 29 USC 655(b); 40 USC 333
CFR Citation:
29 CFR 1926
Legal Deadline:
None
Abstract:
A number of industry stakeholders asked OSHA to update the cranes and
derricks portion of subpart N (29 CFR 1926.550), specifically
requesting that negotiated rulemaking be used.
In 2002, OSHA published a notice of intent to establish a negotiated
rulemaking committee. A year later, in 2003, committee members were
announced and the Cranes and Derricks Negotiated Rulemaking Committee
was established and held its first meeting. In July 2004, the committee
reached consensus on all issues resulting in a final consensus
document.
Statement of Need:
There have been considerable technological changes since the consensus
standards upon which the 1971 OSHA standard is based were developed. In
addition, industry consensus standards for derricks and crawler, truck
and locomotive cranes were updated as recently as 2004.
The industry indicated that over the past 30 years, considerable
changes in
[[Page 64282]]
both work processes and crane technology have occurred. There are
estimated to be 64 to 89 fatalities associated with cranes each year in
construction, and a more up-to-date standard would help prevent them.
Summary of Legal Basis:
The Occupational Safety and Health Act of 1970 authorizes the Secretary
of Labor to set mandatory occupational safety and health standards to
assure safe and healthful working conditions for working men and women
(29 USC 651).
Alternatives:
The alternative to the proposed rulemaking would be to take no
regulatory action and not update the standards in 29 CFR 1926.550
pertaining to cranes and derricks.
Anticipated Cost and Benefits:
The estimates of the costs and benefits are still under development.
Risks:
OSHA's risk analysis is under development.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Notice of Intent To
Establish Negotiated
Rulemaking 07/16/02 67 FR 46612
Comment Period End 09/16/02
Request for Comments on
Proposed Committee
Members 02/27/03 68 FR 9036
Request for Comments
Period End 03/31/03 68 FR 9036
Established Negotiated
Rulemaking Committee 06/12/03 68 FR 35172
Rulemaking Negotiations
Completed 07/30/04
SBREFA Report 10/17/06
NPRM 10/09/08 73 FR 59714
NPRM Comment Period
Extended 12/02/08 73 FR 73197
NPRM Comment Period End 01/22/09
Public Hearing 03/20/09
Close Record 06/18/09
Final Rule 07/00/10
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Undetermined
Agency Contact:
Noah Connell
Deputy 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
RIN: 1218-AC01
BILLING CODE 4510-23-S
