DOL/ OSHA Semi-Annual Regulatory Agenda

DOL/OSHA Semi-Annual Regulatory Agenda

Department of Labor

Title: Regulations Implementing the Patient Protection and Affordable Care Act of 2010 (PPACA)

The Patient Protection and Affordable Care Act of 2010 (PPACA) (aka health are reform law) encompasses various health reform provisions of the Public Health Service Act. Initial regulatory action will likely address statutory provisions related to: the prohibition of lifetime or annual income limits; the prohibition of rescissions of health coverage after coverage begins; requirements for coverage without cost sharing for preventive health services; an extension of dependent coverage; the prohibition on preexisting condition exclusions and other discrimination based on health status; and the prohibition on discrimination in favor of highly compensated individuals. The Departments of Labor, the Treasury, and the Health and Human Services are mutually dependent due to share interpretive jurisdiction and are proceeding concurrently to provide regulatory guidance regarding these provisions.

Stage in Rulemaking: Long-term Action

Title: Records To Be Kept by Employers Under the Fair Labor Standards Act

The Department of Labor is proposing 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.

Stage of Rulemaking: Completed Action

DOL: Occupational Safety & Health Administration

Title: Injury and Illness Prevention Program

OSHA is developing a rule requiring employers to implement an Injury and Illness Prevention Program. It involves planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. According to OSHA, an injury and illness prevention rule would build on these voluntary consensus guidelines as well as lessons learned from successful approaches and best practices. As a first step, the Agency plans to hold stakeholder meetings beginning in June 2010 to obtain input for an injury and illness prevention rulemaking. Note: One of the key provisions in this rulemaking will be one to “prevent employers from not covering workers by misclassifying them as independent contractors.” Also noteworthy, if OSHA were to do anything relative to ergonomics, this rule would be the likely vehicle through which to do so.

Stage of Rulemaking: PreRule

Title: Occupational Injury and Illness Recording and Reporting Requirements--Modernizing OSHA's Reporting System

OSHA is modernizing its reporting system for occupational injuries and illnesses. According to the Agency, an updated and modernized reporting system would enable a more efficient and timely collection of data that could improve the accuracy and availability of the relevant records and statistics. As a first step, the Agency plans to hold stakeholder meetings in July 2010.

Stage of Rulemaking: PreRule

Title: Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

In 1990, OSHA proposed a rule addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. Slips, trips, and falls are among the leading causes of work-related injuries and fatalities. Since that time, new technologies and procedures have become available to protect employees from these hazards. The Agency has been working to update these rules to reflect current technology. OSHA has determined that the rule proposed in 1990 is out-of-date and does not reflect current industry practice or technology. The Agency is developing a new proposal, modified to reflect current information, as well as to re-assess the impact.

Stage of Rulemaking: The Notice of Proposed Rulemaking (NPRM) is scheduled to be published in the Federal Register sometime in May, 2010.

Title: Hazard Communication

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. In September 2009, OSHA published a NPRM to modify 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. ATA submitted comments to the agency’s NPRM in October, 2009.

Stage of Rulemaking: Proposed Rule

Title: Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions

This proposal involves changes to two aspects of the OSHA recordkeeping and reporting requirements. First, OSHA is proposing to update appendix A to subpart B of Part 1904. The proposed rule would update appendix A by replacing it with a list of industries based on the NAICS and based on more recent occupational injury and illness rates. Second, OSHA is proposing to revise the reporting requirements regarding the obligations of employers to report to OSHA the occurrence of fatalities and certain injuries.

Stage of Rulemaking: Proposed Rule expected in November, 2010

Title: Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

Abstract: OSHA has reconsidered the need for a 300 Log column for work-related musculoskeletal disorders (WMSD), and for defining "musculoskeletal disorders" for recordkeeping purposes. According to OSHA, additional data on WMSDs may help employers and workers track these injuries at individual workplaces, and that the Nation’s occupational injury and illness information may benefit from improved statistics on WMSD. OSHA believes that improved WMSD information might also assist the Agency in its day-to-day activities and overall safety and health policymaking. Therefore, OSHA published a proposed rule to add a definition of WMSD to 29 CFR Part 1904 and a separate column on the 300 Log to track this class of injury/illness. ATA filed comments asking for the withdrawal of the rulemaking, citing several valid concerns, as did most of the employer community. OSHA is in the process of developing a final rule that is expected to be published in July, 2010.

Stage of Rulemaking: Final Rule