Today's News / Government Regulations

Latest federal regulatory agenda is full...of delays

The government’s regulatory road is long, with many a winding curve – as shown anew in the fall regulatory agenda released last week by the Obama administration. Many of the regulations included have been in the works for years due to a variety of factors: a lengthy rule-making process, industry opposition, and, in some cases, delays by the White House Office of Management and Budget (OMB).

The federal government is statutorily required to release its rule-making plans for the upcoming 12 months every spring and fall.

Among the agenda items:

The Injury and Illness Prevention Program (I2P2) OSHA has been promoting for several years now has a notice-of-proposed-rulemaking date: September of 2014. The rule would require employers to implement a program that involves planning, implementing, evaluating, and improving processes and activities that protect employee safety and health. I2P2 would build on the voluntary Safety and Health Program Management Guidelines (54 FR 3904 to 3916) which were published in 1989.

The agency's standard-in-progress to limit workers’ exposure to combustible dust, which has been in the works since 2009, will now be the subject of an April panel that will explore the rule’s potential impact on small businesses.

A Food and Drug Administration (FDA) bid to claim the authority to regulate cigars and e-cigarettes the same way it oversees conventional cigarettes has been pushed to December. The proposal was originally going to be issued in April.

An FDA rule that will require chain restaurants and vending machines to post the number of calories in their foods – one mandated by the Affordable Care Act – was moved from September to February.

In the pre-rule stage for OSHA:

Bloodborne Pathogens

1218-AC34

Infectious Diseases

1218-AC46

Reinforced Concrete in Construction and
Preventing Backover Injuries and Fatalities

1218-AC51

Standards Improvement Project IV

1218-AC67

Review/Lookback of OSHA Chemical Standards

1218-AC74

Process Safety Management and
Prevention of Major Chemical Accidents

1218-AC82

Definition and Requirements for a Nationally
Recognized Testing Laboratory

1218-AC83

Subpart E Scaffolds, Ladders and Other Working Surfaces

1218-AC85


In the proposed rule stage for OSHA:

Occupational Exposure to Crystalline Silica

1218-AB70

Occupational Exposure to Beryllium

1218-AB76

Combustible Dust

1218-AC41

Injury and Illness Prevention Program

1218-AC48

Improve Tracking of Workplace Injuries and Illnesses

1218-AC49

Approved State Plans for Occupational Safety and Health

1218-AC76

Amendments to the Cranes and Derricks in
Construction Standard

1218-AC81

Clarification of Employer's Continuing
Obligation to Make and Maintain an Accurate Record
of Each Recordable Injury and Illness

1218-AC84


In the final rule stage for OSHA:

Cranes and Derricks in Construction: Operator Certification

1218-AC86

Updating OSHA Standards Based on National Consensus
Standards Eye and Face Protection

1218-AC87

Confined Spaces in Construction

1218-AB47

Electric Power Transmission and Distribution; Electrical
Protective Equipment

1218-AB67

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

1218-AB80

Procedures for Handling Employee Retaliation Complaints
Under the National Transit Systems Security Act; Surface
Transportation Assistance Act; and Federal Railroad Safety Act

1218-AC36

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

1218-AC50


In the pre-rule stage for the Mine Safety and Health Administration (MSHA):

Refuge Alternatives for Underground Coal Mines

1219-AB79

Regulatory Actions in Response to Recommendations
Resulting From Investigation of the Upper Big Branch Explosion

1219-AB85


In the proposed-rule stage for MSHA:

Respirable Crystalline Silica

1219-AB36

Criteria and Procedures for Proposed Assessment of Civil Penalties

1219-AB72

Proximity Detection Systems for Mobile Machines in Underground Mines

1219-AB78

Fees for Testing, Evaluation and Approval of Mining Products

1219-AB82

Refuge Alternatives for Underground Coal Mines;
Limited Reopening of the Record

1219-AB84


In the final-rule stage for MSHA:

Lowering Miners' Exposure to Respirable Coal Mine Dust,
Including Continuous Personal Dust Monitors

1219-AB64

Proximity Detection Systems for Continuous Mining Machines
in Underground Coal Mines

1219-AB65


In the final rule stage for the U.S. Department of Labor's Office of Workers’ Compensation Program:

Black Lung Benefits Act: Standards for Chest Radiographs

1240-AA07

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