Semiannual Agenda of Regulations | OSHA.gov | Occupational Safety and Health Administration

Publication Date:

01/07/2014
Publication Type:

Unified Agenda
Fed Register #:
79:1184-1189
Standard Number:

1910.146

1910.1030
Title:

Semiannual Agenda of Regulations

[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)][Unknown Section][Pages 1184-1189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29636]

Vol. 79

Tuesday,

No. 4

January 7, 2014

Part XII

Department of Labor

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Semiannual Regulatory Agenda

Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 /
Unified Agenda

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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

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual regulatory agenda.

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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. In
addition, the Department's Regulatory Plan, a subset of the
Department's regulatory agenda, is being published in the Federal
Register. The Regulatory Plan contains a statement of the Department's
regulatory priorities and the regulatory actions the Department wants
to highlight as its most important and significant.

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.
In addition, the Department's Regulatory Plan, also a subset of the
Department's regulatory agenda, is being published in the Federal
Register. The Regulatory Plan contains a statement of the Department's
regulatory priorities and the regulatory actions the Department wants
to highlight as its most important and significant.
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.

Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
348....................... Bloodborne Pathogens 1218-AC34
(Section 610 Review).
349....................... Infectious Diseases....... 1218-AC46
350....................... Reinforced Concrete in 1218-AC51
Construction and
Preventing Backover
Injuries and Fatalities.
------------------------------------------------------------------------

Occupational Safety and Health Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
351....................... Occupational Exposure to 1218-AB70
Crystalline Silica.
352....................... Occupational Exposure to 1218-AB76
Beryllium.
353....................... Combustible Dust.......... 1218-AC41
354....................... Injury and Illness 1218-AC48
Prevention Program.
------------------------------------------------------------------------

Occupational Safety and Health Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
355....................... Confined Spaces in 1218-AB47
Construction.
356....................... Electric Power 1218-AB67
Transmission and
Distribution; Electrical
Protective Equipment.
------------------------------------------------------------------------

Occupational Safety and Health Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
357....................... Occupational Exposure to 1218-AC33
Food Flavorings
Containing Diacetyl and
Diacetyl Substitutes.
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DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

348. 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:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Jens Svenson, Deputy Director, Directorate of
Evaluation and Analysis, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., Room N-3641,
Washington, DC 20210, Phone: 202 693-2400, Fax: 202 693-1641, Email:
svenson.jens@dol.gov.
RIN: 1218-AC34

349. 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 diseases 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:

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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................ 07/29/11 .......................
Initiate SBREFA..................... 01/00/14 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Acting Director, Directorate of
Standards and Guidance, Department of Labor, Occupational Safety and
Health Administration, 200 Constitution Avenue NW., Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
perry.bill@dol.gov.
RIN: 1218-AC46

350. Reinforced Concrete in Construction and Preventing Backover
Injuries and Fatalities

Legal Authority: 29 U.S.C. 655(b)
Abstract: OSHA published an RFI (77 FR 18973; March 29, 2012) that
sought information on two subjects: 1) preventing backover injuries;
and 2) 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 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. Current rules
regarding reinforcing steel and post-tensioning activities may not
adequately address worker hazards in work related to post-tensioning
and reinforcing steel. Both are techniques for reinforcing concrete and
are generally used in many types of construction. OSHA's IMIS data
indicates that 31 workers died while performing work on or near post-
tensioning operations or reinforcing steel between 2000 and 2009.
Currently, workers performing steel reinforcing suffer injuries
caused by unsafe material handling, structural collapse, and impalement
by protruding reinforcing steel dowels, among other causes. Employees
involved in post-tensioning activities are at risk for incidents caused
by the misuse of post-tensioning equipment and improper training. The
Agency is continuing to seek information about injuries and hazards of
reinforcing steel operations.
Timetable:

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Action Date FR Cite
------------------------------------------------------------------------
Request for Information............. 03/29/12 77 FR 18973
Comment Period End.................. 07/27/12 .......................
Analyze Comments (Concrete)......... 04/00/14 .......................
Initiate SBREFA (Backovers)......... 06/00/14 .......................
------------------------------------------------------------------------

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: maddux.jim@dol.gov.
RIN: 1218-AC51

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Proposed Rule Stage

351. 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 Occupational Safety and Health
Administration (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. National Institute for Occupational Safety and Health (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.
Timetable:

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Action Date FR Cite
------------------------------------------------------------------------
Completed SBREFA Report............. 12/19/03 .......................
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
Extension of Deadline for Submitting 10/31/13 78 FR 65242
Notices of Intention to Appear at
Public Hearing.
Extension of Comment Period......... 10/31/13 .......................
Scheduling of Public Hearing........ 10/31/13 .......................
NPRM Comment Period End............. 12/11/13 .......................
Extension of Comment Period End..... 01/27/14 .......................
------------------------------------------------------------------------

352. 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 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:

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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................................ 04/00/14 .......................
------------------------------------------------------------------------

353. 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) 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:

354. 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 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
------------------------------------------------------------------------
Stakeholder Meetings................ 06/03/10 75 FR 35360 and 75 FR
23637
Initiate SBREFA..................... 01/06/12 .......................
NPRM................................ 09/00/14 .......................
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Final Rule Stage

355. 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 worksites. 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:

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:
maddux.jim@dol.gov.
RIN: 1218-AB47

356. Electric Power Transmission and Distribution; Electrical
Protective Equipment

Legal Authority: 29 U.S.C. 655(b); 40 U.S.C. 333
Abstract: Electrical hazards are a major cause of occupational
death in the United States. The annual fatality rate for power line
workers is about 50 deaths per 100,000 employees. The construction
industry standard addressing the safety of these workers during the
construction of electric power transmission and distribution lines is
nearly 40 years old. Occupational Safety and Health Administration
(OSHA) has developed a revision of this standard that will prevent many
of these fatalities, add flexibility to the standard, and update and
streamline the standard. OSHA also intends to amend the corresponding
standard for general industry so that requirements for work performed
during the maintenance of electric power transmission and distribution
installations are the same as those for similar work in construction.
In addition, OSHA will be revising a few miscellaneous general industry
requirements primarily affecting electric transmission and distribution
work, including provisions on electrical protective equipment and foot
protection. This rulemaking also addresses fall protection in aerial
lifts for work on power generation, transmission, and distribution
installations. OSHA published an NPRM on June 15, 2005. A public
hearing was held from March 6 through March 14, 2006. OSHA reopened the
record to gather additional information on minimum approach distances
for specific ranges of voltages. The record was reopened a second time
to allow more time for comment and to gather information on minimum
approach distances for all voltages and on the newly revised Institute
of Electrical and Electronics Engineers consensus standard.
Additionally, a public hearing was held on October 28, 2009.
Timetable:

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Action Date FR Cite
------------------------------------------------------------------------
SBREFA Report....................... 06/30/03 .......................
NPRM................................ 06/15/05 70 FR 34821
NPRM Comment Period End............. 10/13/05 .......................
Comment Period Extended to 01/11/ 10/12/05 70 FR 59290
2006.
Public Hearing To Be Held 03/06/2006 10/12/05 70 FR 59290
Posthearing Comment Period End...... 07/14/06 .......................
Reopen Record....................... 10/22/08 73 FR 62942
Comment Period End.................. 11/21/08 .......................
Close Record........................ 11/21/08 .......................
Second Reopening Record............. 09/14/09 74 FR 46958
Comment Period End.................. 10/15/09 .......................
Public Hearings..................... 10/28/09 .......................
Posthearing Comment Period End...... 02/10/10 .......................
Final Rule.......................... 11/00/13 .......................
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Completed Actions

357. Occupational Exposure to Food Flavorings Containing Diacetyl and
Diacetyl Substitutes

Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657
Abstract: On July 26, 2006, the United Food and Commercial Workers
International Union (UFCW) and the International Brotherhood of
Teamsters (IBT) petitioned DOL for an Emergency Temporary Standard
(ETS) for all employees exposed to diacetyl, a major component in
artificial butter flavoring. Diacetyl and a number of other volatile
organic compounds are used to manufacture artificial butter food
flavorings. These food flavorings are used by various food
manufacturers in a multitude of food products, including microwave
popcorn, certain bakery goods, and some snack foods. Evidence indicates
that exposure to flavorings containing diacetyl is associated with
adverse effects on the respiratory system, including bronchiolitis
obliterans, a debilitating and potentially fatal lung disease. OSHA
denied the petition on September 25, 2007, but has initiated 6(b)
rulemaking. OSHA published an Advance Notice of Proposed Rulemaking
(ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009,
in order to facilitate timely development of a standard. The Agency
subsequently initiated review of the draft proposed standard in
accordance with the Small Business Regulatory Enforcement Fairness Act
(SBREFA). The SBREFA Panel Report was completed on July 2, 2009. The
National Institute for Occupational Safety and Health (NIOSH) is
currently developing a criteria document on occupational exposure to
diacetyl. The criteria document will also address exposure to 2,3-
pentanedione, a chemical that is structurally similar to diacetyl and
has been used as a substitute for diacetyl in some applications. It
will include an assessment of the effects of exposure as well as
quantitative risk assessment. OSHA intends to rely on these portions of
the criteria document for the health effects analysis and quantitative
risk assessment for the Agency's diacetyl rulemaking.
Timetable:

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Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meeting................. 10/17/07 72 FR 54619
ANPRM............................... 01/21/09 74 FR 3937
ANPRM Withdrawn..................... 03/17/09 74 FR 11329
ANPRM Comment Period End............ 04/21/09 .......................
Completed SBREFA Report............. 07/02/09 .......................
Withdrawn........................... 08/22/13 .......................
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[FR Doc. 2013-29636 Filed 1-6-14; 8:45 am]
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