On January 4, 2023, the White House Office of Management and Budget (OMB) released the 2022 Unified Regulatory Agenda and Regulatory Plan (Fall 2022 Agenda) that reports on all planned rulemaking actions of administrative agencies. According to the Fall 2022 Agenda, the Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) are pursuing a long list of thirty regulatory actions, similar to the Spring 2022 agenda, including the addition of a rule regarding Procedures for Use of Administrative Subpoenas in OSHA investigations.
MSHA’s rulemaking is limited to three rules. Below is a summary of the more significant updates:
1. Prevention of Workplace Violence in Healthcare and Social Assistance. OSHA updated the timeline to initiate a SBREFA review to December 2022.
2. Heat Illness Prevention in Outdoor and Indoor Work Settings. OSHA anticipated it will initiate a SBREFA review in January 2023.
3. Infectious Disease. OSHA updated the timeline to push back the date of an anticipated notice of proposed rulemaking (NPRM) to September 2023.
4. Improve Tracking of Workplace Injuries and Illnesses. OSHA pushed back the timeline for release of the final rule to March 2023.
5. Communication Tower Safety. The NPRM remains on track for March 2023.
6. Procedures for Use of Administrative Subpoenas. OSHA has added rulemaking regarding its use of subpoenas during OSHA investigations and anticipates release of an interim final rule in June 2023.
7. Respirable Crystalline Silica. MSHA pushed back the timeline for an NPRM to April 2023.
8. Safety Program for Surface Mobile Equipment. MSHA anticipates release of a final rule in July 2023.
9. Testing, Evaluation and Approval of Electric Motor-Driven Mine Equipment and Accessories. MSHA anticipates release of the final rule in June 2023.
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