OSHA Finally Publishes Regulatory Agenda

On December 21, 2012, the full semiannual regulatory agenda for federal agencies was published. This regulatory agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions. The full federal Unified Agenda and Regulatory Plan can be found here.

Contained within this Unified Agenda, the U.S. Department of Labor has listed a total of 25 regulatory entries for Occupational Safety and Health Administration (OSHA) specific actions. Not surprisingly, among this list is OSHA’s Injury and Illness Prevention Program (I2P2), which has remained a high priority for Assistant Secretary David Michaels.

OSHA held stakeholder meetings on I2P2 in June 2010 to gather industry information and attempted to begin a small business review in January 2012, but the public has yet to see a proposed rule. The new regulatory agenda indicates that the Small Business Regulatory Enforcement Fairness Act (SBREFA) process is expected to be initiated in January 2013. This process is an opportunity for small businesses to voice their concerns and objections to a rule that could potentially have a significant impact on their business community. According to the regulatory agenda, OSHA anticipates issuing a proposed rule in December 2013 for notice and public comment.

Some additional regulatory actions under consideration by OSHA include:



Occupational Exposure to Combustible Dust       Initiate SBREFA in October 2013
Electric Power Transmission and Distribution       Final Rule in March 2013
Cranes & Derricks—Revision to Digger Derricks’ Requirements (expanding scope of exception for digger derricks covered by Subpart V)       Final Rule in February 2013
Reporting and Recordkeeping Requirements (revising list of industries that are partially exempt from recordkeeping and revise reporting requirements to include amputations and in-patient hospitalizations)       Final Rule in May 2013
Walking Working Surfaces—General Industry (Subparts D and I)       Final Rule in August 2013
Occupational Exposure to Crystalline Silica       Publish Notice of Proposed Rule in May 2013
Occupational Exposure to Beryllium       Publish Notice of Proposed Rule in July 2013

Tressi L. Cordaro is Of Counsel in the Washington, DC office of Ogletree Deakins.


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