[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 35048-35055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14356]



[[Page 35047]]

Vol. 80

Thursday,

No. 117

June 18, 2015

Part XI





Department of Labor





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Unified Agenda

  Federal Register / Vol. 80 , No. 117 / Thursday, June 18, 2015 / 
Unified Agenda  

[[Page 35048]]


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DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29


Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Department of Labor.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Internet has become the means for disseminating the 
entirety of the Department of Labor's semiannual regulatory agenda. 
However, the Regulatory Flexibility Act requires publication of a 
regulatory flexibility agenda in the Federal Register. This Federal 
Register Notice contains the regulatory flexibility agenda.

FOR FURTHER INFORMATION CONTACT: Kathleen Franks, Director, Office of 
Regulatory Policy, Office of the Assistant Secretary for Policy, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room S-2312, 
Washington, DC 20210; (202) 693-5959.

    Note: Information pertaining to a specific regulation can be 
obtained from the agency contact listed for that particular 
regulation.


SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the 
semiannual publication of an agenda of regulations that contains a 
listing of all the regulations the Department of Labor expects to have 
under active consideration for promulgation, proposal, or review during 
the coming one-year period. The entirety of the Department's semiannual 
agenda is available online at www.reginfo.gov.
    The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to 
publish in the Federal Register a regulatory flexibility agenda. The 
Department's Regulatory Flexibility Agenda published with this notice, 
includes only those rules on its semiannual agenda that are likely to 
have a significant economic impact on a substantial number of small 
entities and those rules identified for periodic review in keeping with 
the requirements of section 610 of the Regulatory Flexibility Act. 
Thus, the regulatory flexibility agenda is a subset of the Department's 
semiannual regulatory agenda.

Occupational Safety and Health Administration

Bloodborne Pathogens (RIN 1218-AC34)

    All interested members of the public are invited and encouraged to 
let departmental officials know how our regulatory efforts can be 
improved, and are invited to participate in and comment on the review 
or development of the regulations listed on the Department's agenda.

Thomas E. Perez,
Secretary of Labor.

               Wage and Hour Division--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
170.......................  Defining and Delimiting            1235-AA11
                             the Exemptions for
                             Executive,
                             Administrative,
                             Professional, Outside
                             Sales, and Computer
                             Employees.
------------------------------------------------------------------------


       Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
171.......................  Temporary Agricultural             1205-AB70
                             Employment of H-2A
                             Foreign Workers in the
                             Herding or Production of
                             Livestock on the Open
                             Range in the United
                             States.
172.......................  Workforce Innovation and           1205-AB73
                             Opportunity Act.
173.......................  Workforce Innovation and           1205-AB74
                             Opportunity Act; Joint
                             Rule with U.S. Department
                             of Education for Combined
                             and Unified State Plans,
                             Performance
                             Accountability, and the
                             One-Stop System Joint
                             Provisions.
174.......................  Modernizing the Permanent          1205-AB75
                             Labor Certification
                             Program (PERM).
------------------------------------------------------------------------


        Employment and Training Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
175.......................  Wage Methodology for the           1205-AB72
                             Temporary Non-
                             Agricultural Employment H-
                             2B Program.
------------------------------------------------------------------------


      Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
176.......................  Bloodborne Pathogens               1218-AC34
                             (Section 610 Review).
177.......................  Combustible Dust..........         1218-AC41
------------------------------------------------------------------------


   Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
178.......................  Occupational Exposure to           1218-AB70
                             Crystalline Silica.

[[Page 35049]]

 
179.......................  Occupational Exposure to           1218-AB76
                             Beryllium.
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
180.......................  Infectious Diseases.......         1218-AC46
181.......................  Injury and Illness                 1218-AC48
                             Prevention Program.
182.......................  Preventing Backover                1218-AC51
                             Injuries and Fatalities.
------------------------------------------------------------------------


    Occupational Safety and Health Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
183.......................  Confined Spaces in                 1218-AB47
                             Construction.
------------------------------------------------------------------------


DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Proposed Rule Stage

170. Defining and Delimiting the Exemptions for Executive, 
Administrative, Professional, Outside Sales, and Computer Employees

    Legal Authority: 29 U.S.C. 213(a)(1) (Fair Labor Standards Act)
    Abstract: The Fair Labor Standards Act (FLSA) section 13(a)(1) 
provides a minimum wage and overtime exemption for any employee 
employed in a bona fide executive, administrative, professional 
capacity, or in the capacity of an outside salesperson. President 
Barack Obama issued a memorandum to the Secretary of Labor on March 13, 
2014, directing the Secretary to modernize and streamline the existing 
overtime regulations for executive, administrative, and professional 
employees. The Department of Labor last updated these regulations in 
2004.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Ziegler, Director, Division of Regulations, 
Legislation, and Interpretation, Department of Labor, 200 Constitution 
Avenue NW., Room S-3502, FP Building, Washington, DC 20210, Phone: 202 
693-0406, Fax: 202 693-1387.
    RIN: 1235-AA11

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

171. Temporary Agricultural Employment of H-2A Foreign Workers in the 
Herding or Production of Livestock on the Open Range in the United 
States

    Legal Authority: 8 U.S.C. 1188
    Abstract: Office of Foreign Labor Certification of the Employment 
and Training Administration (ETA) has established special procedures 
for certain occupations, including long-established variances for 
sheepherding, goat herding, and occupations involving the open range 
production of livestock. The wage-setting methodology and other 
employment standards for these occupations has been set in the past by 
sub-regulatory guidance. ETA is engaging in this regulatory action to 
establish standards for wages and working conditions in these 
occupations based on input from the regulated community.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/15/15  80 FR 20300
NPRM Comment Period End.............   05/15/15
NPRM Comment Period Extended........   05/05/15  80 FR 25633
NPRM Comment Period Extended End....   06/01/15
Final Rule..........................   11/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Janet Banos, Department of Labor, Employment and 
Training Administration, Division of Policy, Office of Foreign Labor 
Certification, 200 Constitution Avenue NW., Room C-4312, FP Building, 
Washington, DC 20210, Phone: 202 693-3010, Email: [email protected].
    RIN: 1205-AB70

172. Workforce Innovation and Opportunity Act

    Legal Authority: Section 503(f) of the Workforce Innovation and 
Opportunity Act (Pub. L. 113-128)
    Abstract: On July 22, 2014, the President signed the Workforce 
Innovation and Opportunity Act (WIOA) (Pub. L. 113-128). WIOA repeals 
the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) 
The Department of Labor must develop and issue a Notice of Proposed 
Rulemaking (NPRM) that proposes to implement the changes WIOA makes to 
the public workforce system in regulations. Through the NPRM, the 
Department will propose ways to carry out the purposes of WIOA to 
provide workforce investment activities, through State and local 
workforce development systems, that increase employment, retention, and 
earnings of participants, meet the skill requirements of employers, and 
enhance the productivity and competitiveness of the Nation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20690
NPRM Comment Period End.............   06/15/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Portia Wu, Assistant Secretary for Employment and 
Training,

[[Page 35050]]

Department of Labor, Employment and Training Administration, 200 
Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 202 
639-2700.
    RIN: 1205-AB73

173.  Workforce Innovation and Opportunity Act; Joint Rule With 
U.S. Department of Education for Combined and Unified State Plans, 
Performance Accountability, and the One-Stop System Joint Provisions

    Legal Authority: Section 503(f) of the Workforce Innovation and 
Opportunity Act (Pub. L. 113-128)
    Abstract: On July 22, 2014, the President signed the Workforce 
Innovation and Opportunity Act (WIOA) (Pub. L. 113-128) which repeals 
the Workforce Investment Act of 1998 (WIA). (29 U.S.C. 2801 et seq.) As 
directed by WIOA, the Departments of Education and Labor must develop 
and issue a Notice of Proposed Rulemaking (NPRM) to implement the 
changes in regulations that WIOA makes to the public workforce system 
regarding Combined and Unified State Plans, performance accountability 
for WIOA title I, title II, title III, and title IV programs, and the 
one-stop delivery system.
    Therefore, the Departments of Labor and Education will issue a 
joint NPRM that will include regulations governing the Combined and 
Unified State Plans, performance accountability system and One-Stop 
Delivery System and One-Stop Centers, as both Departments are required 
to jointly implement these provisions of WIOA. All of the other 
regulations implementing WIOA will be published by the Departments of 
Labor and Education in separate NPRMs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/16/15  80 FR 20574
NPRM Comment Period End.............   06/15/15  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Portia Wu, Assistant Secretary for Employment and 
Training, Department of Labor, Employment and Training Administration, 
200 Constitution Avenue NW., FP Building, Washington, DC 20210, Phone: 
202-639-2700.
    RIN: 1205-AB74

174.  Modernizing the Permanent Labor Certification Program 
(PERM)

    Legal Authority: 8 U.S.C. 1152(a)(5)(A); 20 CFR part 656
    Abstract: The PERM regulations govern the labor certification 
process for employers seeking to employ foreign workers permanently in 
the United States. The Department of Labor (Department) has not 
comprehensively examined and modified the permanent labor certification 
requirements and process since 2004. Over the last ten years, much has 
changed in our country's economy, affecting employers' demand for 
workers and the availability of a qualified domestic labor force. 
Advances in technology and information dissemination have dramatically 
altered common industry recruitment practices, and the Department has 
received ongoing feedback that the existing regulatory requirements 
governing the PERM process frequently do not align with worker or 
industry needs and practices. Therefore, the Department is engaging in 
rulemaking that will consider options to modernize the PERM program to 
be more responsive to changes in the national workforce, to further 
align the program design with the objectives of the U.S. immigration 
system and needs of workers and employers, and to enhance the integrity 
of the labor certification process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William W. Thompson II, Acting Administrator, 
Office of Foreign Labor Certification, Department of Labor, Employment 
and Training Administration, 200 Constitution Avenue NW., FP Building, 
Rm C-4312, Washington, DC 20210, Phone: 202 693-3010.
    RIN: 1205-AB75

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Completed Actions

175. Wage Methodology for the Temporary Non-Agricultural Employment H-
2B Program

    Legal Authority: 8 U.S.C. 1101(a)(15)(H)(ii(B); 8 U.S.C. 1148(c); 
29 U.S.C. 49k; 8 CFR 214.2(h)(6)(iii)
    Abstract: The Immigration and Nationality Act (INA) establishes the 
H-2B visa classification for a non-agricultural temporary worker 
``having a residence in a foreign country which he has no intention of 
abandoning who is coming temporarily to the United States to perform . 
. . temporary [non-agricultural] service or labor if unemployed persons 
capable of performing such service or labor cannot be found in this 
country[.]'' 8 U.S.C. 1101(a)(15)(H)(ii)(b). The INA also requires an 
importing employer (H-2B employer) to petition the Department of 
Homeland Security (DHS) for classification of the prospective temporary 
worker as an H-2B nonimmigrant, and DHS must approve such petition 
before the beneficiary can be considered eligible for an H-2B visa or 
H-2B status. 8 U.S.C. 1184(c)(1). The INA further requires DHS to 
consult with ``appropriate agencies of the Government'' before 
adjudicating an H-2B petition, and DHS has determined that it must 
consult with the Department of Labor (DOL) to determine whether U.S. 
workers capable of performing the temporary services or labor are 
available and that the foreign worker's employment will not adversely 
affect the wages or working conditions of similarly employed U.S. 
workers. 8 CFR 214.2(h)(6)(iii)(A). DHS's regulation requires H-2B 
employers to obtain certification from DOL that these conditions are 
met prior to submitting a petition to DHS. Id. As part of DOL's 
certification, DHS requires DOL to determine the prevailing wage 
applicable to an application for temporary labor certification. 8 CFR 
214.2(h)(6)(iii)(D). DOL has established procedures to certify whether 
a qualified U.S. worker is available to fill the petitioning H-2B 
employer's job opportunity and whether foreign worker's employment in 
the job opportunity will adversely affect the wages or working 
conditions of similarly employed U.S. workers. See 20 CFR part 655, 
subpart A. As part of DOL's labor certification process and, pursuant 
to the DHS regulations, 8 CFR 214.2(h)(6)(iii)(D), DOL sets the wage 
that employers must offer and pay foreign workers entering the country 
on an H-2B visa. See 20 CFR 655.10. DOL revised the wage methodology 
used in the H-2B program in 2011, and jointly with the Department of 
Homeland Security again in 2013. The later action was an interim final 
rule (IFR) in response to a court order. However, DOL requested and 
received comments on all aspects of the 2013 revisions to the H-2B wage 
methodology in the IFR. DOL has determined that further notice and 
comment is appropriate on the proper methodology for determining the 
prevailing wage in the H-2B program, and will consider comments 
submitted in conjunction with the IFR together with comments submitted 
on this new proposal in order to issue a final rule.
    Timetable:

[[Page 35051]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Withdrawn...........................   03/20/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lauren Bernstein, Acting Manager, Division of 
Policy, Department of Labor, Employment and Training Administration, 
Office of Foreign Labor Certification, 200 Constitution Avenue NW., 
Room C-4312, FP Building, Washington, DC 20210, Phone: 202 693-3010, 
Email: [email protected].
    RIN: 1205-AB72

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

176. Bloodborne Pathogens (Section 610 Review)

    Legal Authority: 5 U.S.C. 533; 5 U.S.C. 610; 29 U.S.C. 655(b)
    Abstract: OSHA will undertake a review of the Bloodborne Pathogen 
Standard (29 CFR 1910.1030) in accordance with the requirements of the 
Regulatory Flexibility Act and section 5 of Executive Order 12866. The 
review will consider the continued need for the rule; whether the rule 
overlaps, duplicates, or conflicts with other Federal, State or local 
regulations; and the degree to which technology, economic conditions, 
or other factors may have changed since the rule was evaluated.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   10/22/09
Request for Comments Published......   05/14/10  75 FR 27237
Comment Period End..................   08/12/10
End Review and Issue Findings.......   09/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Amanda Edens, Director, Directorate of Technical 
Support and Emergency Management, Department of Labor, Occupational 
Safety and Health Administration, 200 Constitution Avenue NW., FP 
Building, Room N-3653, Washington, DC 20210, Phone: 202 693-2300, Fax: 
202 693-1644, Email: [email protected].
    RIN: 1218-AC34

177. Combustible Dust

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: Occupational Safety and Health Administration (OSHA) has 
commenced rulemaking to develop a combustible dust standard for general 
industry. The U.S. Chemical Safety Board (CSB) completed a study of 
combustible dust hazards in late 2006, which identified 281 combustible 
dust incidents between 1980 and 2005 that killed 119 workers and 
injured another 718. Based on these findings, the CSB recommended the 
Agency pursue a rulemaking on this issue. OSHA has previously addressed 
aspects of this risk. For example, on July 31, 2005, OSHA published the 
Safety and Health Information Bulletin, ``Combustible Dust in Industry: 
Preventing and Mitigating the Effects of Fire and Explosions.'' 
Additionally, OSHA implemented a Combustible Dust National Emphasis 
Program (NEP) on March 11, 2008, launched a new Web page, and issued 
several other guidance documents. However, the Agency does not have a 
comprehensive standard that addresses combustible dust hazards. OSHA 
will use the information gathered from the NEP to assist in the 
development of this rule. OSHA published an ANPRM October 21, 2009. 
Additionally, stakeholder meetings were held in Washington, DC, on 
December 14, 2009, in Atlanta, GA, on February 17, 2010, and in 
Chicago, IL, on April 21, 2010. A webchat for combustible dust was also 
held on June 28, 2010, and an expert forum was convened on May 13, 
2011.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/21/09  74 FR 54333
Stakeholder Meetings................   12/14/09
ANPRM Comment Period End............   01/19/10
Stakeholder Meetings................   02/17/10
Stakeholders Meetings...............   03/09/10  75 FR 10739
Initiate SBREFA.....................   02/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC41

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

178. Occupational Exposure to Crystalline Silica

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    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 proposed by the American 
Conference of Governmental Industrial Hygienists (ACGIH) in 1968 
(PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current 
PEL for construction and shipyards (derived from ACGIH's 1970 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. ASTM 
International has published recommended standards for addressing the 
hazards of crystalline silica. The Building Construction Trades 
Department of the AFL-CIO has also developed a recommended 
comprehensive program standard. These standards include provisions for 
methods of compliance, exposure monitoring, training, and medical 
surveillance.
    The NPRM was published on September 12, 2013 (78 FR 56274). OSHA 
received over 1,700 comments from the public on the proposed rule, and 
over 200 stakeholders provided testimony during public hearings on the 
proposal. The agency is now reviewing and considering the evidence in 
the rulemaking record.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Completed SBREFA Report.............   12/19/03

[[Page 35052]]

 
Initiated Peer Review of Health        05/22/09
 Effects and Risk Assessment.
Completed Peer Review...............   01/24/10
NPRM................................   09/12/13  78 FR 56274
NPRM Comment Period Extended; Notice   10/31/13  78 FR 65242
 of Intention to Appear at Pub
 Hearing; Scheduling Pub Hearing.
NPRM Comment Period Extended........   01/29/14  79 FR 4641
Informal Public Hearing.............   03/18/14
Post Hearing Briefs Ends............   08/18/14
Analyze Comments....................   06/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB70

179. Occupational Exposure to Beryllium

    Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: In 1999 and 2001, OSHA was petitioned to issue an 
emergency temporary standard for permissible exposure limit (PEL) to 
beryllium by the United Steel Workers (formerly the Paper Allied-
Industrial, Chemical, and Energy Workers Union), Public Citizen Health 
Research Group, and others. The Agency denied the petitions but stated 
its intent to begin data gathering to collect needed information on 
beryllium's toxicity, risks, and patterns of usage. On November 26, 
2002, OSHA published a Request for Information (RFI) (67 FR 70707) to 
solicit information pertinent to occupational exposure to beryllium, 
including: current exposures to beryllium; the relationship between 
exposure to beryllium and the development of adverse health effects; 
exposure assessment and monitoring methods; exposure control methods; 
and medical surveillance. In addition, the Agency conducted field 
surveys of selected worksites to assess current exposures and control 
methods being used to reduce employee exposures to beryllium. OSHA 
convened a Small Business Advocacy Review Panel under the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) and completed the 
SBREFA Report in January 2008. OSHA also completed a scientific peer 
review of its draft risk assessment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   11/26/02  67 FR 70707
Request For Information Comment        02/24/03
 Period End.
SBREFA Report Completed.............   01/23/08
Initiated Peer Review of Health        03/22/10
 Effects and Risk Assessment.
Complete Peer Review................   11/19/10
NPRM................................   05/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AB76

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

180. Infectious Diseases

    Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C. 
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673; * * *
    Abstract: Employees in health care and other high-risk environments 
face long-standing infectious disease hazards such as tuberculosis 
(TB), varicella disease (chickenpox, shingles), and measles (rubeola), 
as well as new and emerging infectious disease threats, such as Severe 
Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care 
workers and workers in related occupations, or who are exposed in other 
high-risk environments, are at increased risk of contracting TB, SARS, 
Methicillin-resistant Staphylococcus aureus (MRSA), and other 
infectious diseases that can be transmitted through a variety of 
exposure routes. OSHA is concerned about the ability of employees to 
continue to provide health care and other critical services without 
unreasonably jeopardizing their health. OSHA is considering the need 
for a standard to ensure that employers establish a comprehensive 
infection control program and control measures to protect employees 
from infectious disease exposures to pathogens that can cause 
significant disease. Workplaces where such control measures might be 
necessary include: health care, emergency response, correctional 
facilities, homeless shelters, drug treatment programs, and other 
occupational settings where employees can be at increased risk of 
exposure to potentially infectious people. A standard could also apply 
to laboratories, which handle materials that may be a source of 
pathogens, and to pathologists, coroners' offices, medical examiners, 
and mortuaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   05/06/10  75 FR 24835
RFI Comment Period End..............   08/04/10
Analyze Comments....................   12/30/10
Stakeholder Meetings................   07/05/11  76 FR 39041
Initiate SBREFA.....................   06/04/14
Complete SBREFA.....................   12/22/14
NPRM................................   12/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC46

181. Injury and Illness Prevention Program

    Legal Authority: 29 U.S.C. 653; 29 U.S.C. 655(b); 29 U.S.C. 657
    Abstract: 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. OSHA has 
substantial data on reductions in injuries and illnesses from employers 
who have implemented similar effective

[[Page 35053]]

processes. The Agency currently has voluntary Safety and Health Program 
Management Guidelines (54 FR 3904 to 3916), published in 1989. An 
injury and illness prevention program rule would build on these 
guidelines as well as lessons learned from successful approaches and 
best practices under OSHA's Voluntary Protection Program, Safety and 
Health Achievement Recognition Program, and similar industry and 
international initiatives such as American National Standards 
Institute/American Industrial Hygiene Association Z10, and Occupational 
Health and Safety Assessment Series 18001.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Stakeholder Meetings......   05/04/10  75 FR 23637
Notice of Additional Stakeholder       06/22/10  75 FR 35360
 Meetings.
Initiate SBREFA.....................   01/06/12
                                     -----------------------------------
NPRM................................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: William Perry, Director, Directorate of Standards 
and Guidance, Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue NW., Room N-3718, FP Building, 
Washington, DC 20210, Phone: 202 693-1950,  Fax: 202 693-1678, Email: 
[email protected].
    RIN: 1218-AC48

182. Preventing Backover Injuries and Fatalities

    Legal Authority: 29 U.S.C. 655(b)
    Abstract: OSHA published a Request for Information (RFI) (77 FR 
18973; March 29, 2012) that sought information on two subjects: (1) 
Preventing backover injuries; and (2) the hazards and risks of 
reinforcing concrete operations in construction, including post-
tensioning. Backing vehicles and equipment are common causes of struck-
by injuries and can also cause caught-between injuries when backing 
vehicles and equipment pin a worker against an object. Struck-by 
injuries and caught-between injuries are two of the four leading causes 
of workplace fatalities. The Bureau of Labor Statistics reports that in 
2011, 75 workers were fatally backed over while working. While many 
backing incidents can prove to be fatal, workers can suffer severe, 
non-fatal injuries as well. A review of OSHA's Integrated Management 
Information System (IMIS) database found that backing incidents can 
result in serious injury to the back and pelvis, fractured bones, 
concussions, amputations, and other injuries. Emerging technologies in 
the field of backing operations may prevent incidents. The technologies 
include cameras and proximity detection systems. The use of spotters 
and internal traffic control plans can also make backing operations 
safer. The Agency has held stakeholder meetings on backovers, and is 
conducting site visits to employers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   03/29/12  77 FR 18973
RFI Comment Period End..............   07/27/12
Initiate SBREFA.....................   06/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Maddux, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AC51

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Completed Actions

183. Confined Spaces in Construction

    Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
    Abstract: In 1993, OSHA issued a rule to protect employees who 
enter confined spaces while engaged in general industry work (29 CFR 
1910.146). This standard has not been extended to cover employees 
entering confined spaces while engaged in construction work because of 
unique characteristics of construction work sites. Pursuant to 
discussions with the United Steel Workers of America that led to a 
settlement agreement regarding the general industry standard, OSHA 
agreed to issue a proposed rule to protect construction workers in 
confined spaces.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
SBREFA Panel Report.................   11/24/03
NPRM................................   11/28/07  72 FR 67351
NPRM Comment Period End.............   01/28/08
NPRM Comment Period Extended........   02/28/08  73 FR 3893
Public Hearing......................   07/22/08
Close Record........................   10/23/08
Final Rule..........................   05/04/15  80 FR 25365
Final Rule Effective................   08/03/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jim Maddux, Director, Directorate of Construction, 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3468, FP Building, 200 Constitution Avenue NW., Washington, DC 
20210, Phone: 202 693-2020, Fax: 202 693-1689, Email: 
[email protected].
    RIN: 1218-AB47

[FR Doc. 2015-14356 Filed 6-17-15; 8:45 am]
 BILLING CODE 4510-04-P