OSHA Releases Updated Agenda For Rulemaking

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On June 21, 2022, the Department of Labor released the Spring 2022 rulemaking agenda. The dates listed on the schedule are non-binding but reflect priority issues for OSHA.

The newly published agenda makes clear that the much-anticipated heat illness rules remain at the “pre-rule” stage, and it is unclear when the agency will publish proposed rules related to the same. Similarly, rules related to the prevention of workplace violence in health care and social assistance remain delayed, with the current schedule showing a Small Business Regulatory Enforcement Fairness Act review in September 2022.

However, OSHA has shared a number of target dates for items that it intends to move forward to proposed rules including, but not limited to:

  • A proposed rule for infectious diseases in health care and other high-risk environments with a target date of issuance of mid-2023;
  • A proposed updated lock-out/tag-out rule due to technological advancements for the same with a target date of release of March 2023;
  • A proposed rule clarifying the fit of personal protection equipment in the construction industry currently slated for some time in September 2022; and
  • A proposed rule concerning fall hazards in shipyards, specifically to include scaffolds and ladders slated for December 2022.

A final action for the hazardous communication (or “HazCom”) standard, which could result in stricter labeling requirements, has a target date of December 2022. The recently released proposed rule for recordkeeping and reporting workplace accidents, making changes to the current rules, which have historically seen challenges, may also see a final action as of December 2022. Finally, the higher profile and hotly contested COVID-19 standard for infection prevention in the healthcare industry may be issued as early as September 2022. Review other agenda items and monitor the schedule for the items above here.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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