OSHA Regulatory Agenda Update (Spring 2018) - Compliance Digest

May 18, 2018

In this edition of the Compliance Digest, we provide a summary of OSHA’s Spring 2018 regulatory agenda based on the U.S. federal government’s semiannual regulatory update.

Department of Labor – Agency Rule List – Spring 2018

Last week, the U.S. federal government released its Spring 2018 regulatory agenda. The regulatory plan and agenda is published twice a year. It identifies regulatory priorities and provides details about the most significant regulatory actions that Federal agencies expect in the future.

In this post, we highlight the important OSHA and MSHA rules that are part of the Department of Labor’s rules list. The agenda includes 20 OSHA rules and 6 MSHA rules, but we only include the most important ones in this post. Check out the full list for all rules. Regulation Identifier Numbers (RIN) and links are also provided.

It’s especially worth noting that three important OSHA items have moved from the long-term agenda to the short-term agenda, while some items were moved back. These are highlighted below.

Rules in the Pre-Rule Stage

The following OSHA and MSHA rules are in the pre-rule stage:

  • Communication Tower Safety 1218-AC90
  • Emergency Response and Preparedness 1218-AC91. (Moved from long-term agenda to short-term agenda)
    • OSHA currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and none were designed as comprehensive emergency response standards. OSHA is considering updating these standards with information gathered through an RFI and public meetings.
  • Powered Industrial Trucks 1218-AC99
  • Lock-Out/Tag-Out Update 1218-AD00
  • Prevention of Workplace Violence in Health Care and Social Assistance 1218-AD08(Moved from long-term agenda to short-term agenda)
  • Exposure of Underground Miners to Diesel Exhaust 1219-AB86
  • Technologies to Provide Safeguards for Power Haulage Equipment for Surface Mines 1219-AB91

Rules in the Proposed Rule Stage

The following OSHA rules are in the proposed rule stage:

  • Occupational Exposure to Beryllium 1218-AB76 (Moved back from Final Rule Stage to Proposed Rule Stage)
    • OSHA proposed to revoke the ancillary provisions for the construction and the shipyard sectors that OSHA adopted on January 9, 2017 (82 FR 2470), but retain the new lower permissible exposure limit (PEL) of 0.2 µg/m3 and the short term exposure limit (STEL) of 2.0 µg/m3 for each sector.
  • Amendments to the Cranes and Derricks in Construction Standard 1218-AC81
  • Update to the Hazard Communication Standard 1218-AC93 (Moved from long-term agenda to short-term agenda)
    • OSHA is conducting rulemaking to harmonize its Hazard Communication Standard (HCS) to the latest edition of the GHS (7th revision) and to codify a number of enforcement policies that have been issued since the 2012 standard.
  • Crane Operator Qualification in Construction 1218-AC96  (Moved back from Final Rule Stage to Proposed Rule Stage)
  • Tracking of Workplace Injuries and Illnesses 1218-AD17
    • OSHA proposes to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from OSHA Forms 300 and 301 for establishments with 250 or more employees which are required to routinely keep injury and illness records. Under the proposed rule, these establishments would be required to electronically submit only information from OSHA Form 300A.

Long-Term Initiatives

The following OSHA and MSHA rules are among those listed as long-term actions, meaning regulatory action is far in the future or the rules may not be implemented:

  • Occupational Injury and Illness Recording and Reporting Requirements–Musculoskeletal Disorders (MSD) Column 1218-AC45
  • Infectious Diseases 1218-AC46
  • Process Safety Management and Prevention of Major Chemical Accidents 1218-AC82
  • Proximity Detection Systems for Mobile Machines in Underground Mines 1219-AB78

For more information, see the full Spring 2018 Agency Rule List for the Department of Labor.

Dates provided in the regulatory agenda, as well as the status of rules, are subject to change. The information provided by the Department of Labor should not be viewed as a commitment, but as a general indication of where things stand and where they are headed.

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