What’s on the Labor Department’s Regulatory Agenda?

By Katie Weatherford, Center for Progressive Reform

Late last week, the White House released its fall 2015 Unified Agenda—the semi-annual report on regulations under development or review by each federal agency. As usual, and therefore, of little surprise, this latest agenda spells delay for a laundry list of critical safeguards at several agencies.

According to CPR senior analyst James Goodwin’s review of the regulatory agendas for the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and several other agencies, several new protections will be delayed anywhere from two months to over a year.

A look at the Department of Labor’s regulatory agenda also signals extensive delays for some long-anticipated worker protections. Here is the status of rules under development at DOL classified as “major” or “economically significant” rules:

Agency

Rule

Spring 2015

Fall 2015

DOL/OSHA Combustible Dust

 

Pre-rulemaking: expected to initiate small business review panel by 02/2016 Pre-rulemaking: expected to initiate small business review panel by 08/2016

*6 month delay

DOL/OSHA

 

Preventing Backover Injuries and Fatalities

 

Long-Term Action: expected to initiate small business review panel by 06/2016 Pre-rulemaking: expected to initiate small business review panel 09/2016

*3 month delay

DOL/OSHA

 

Walking Working Surfaces and Personal Fall Protection Systems Final: Final rule expected 8/2015 Final: Final rule expected 04/2016

*8 month delay

DOL/OSHA Infectious Diseases

 

Long-Term Action: Proposed rule expected 12/2016 Long-Term Action: Proposed rule expected 12/2016

*no movement expected

DOL/OSHA Injury and Illness Prevention Program Long-Term Action: Next action undetermined Long-Term Action: Next action undetermined

*no movement expected

DOL/OSHA Update to the Hazard Communication Standard

 

Long-Term Action: Next action undetermined Long-Term Action: Next action undetermined

*No movement expected

DOL/OSHA Occupational Exposure to Beryllium

 

Proposal: Proposed rule expected 05/2015 Proposal: Analysis of comments on proposed rule expected 12/2015

*moving ahead

 

DOL/OSHA Occupational Exposure to Crystalline Silica Proposal: Post-Hearing Comment Review Period expected 07/2014 Final: Final rule expected 02/2016

*moving ahead

DOL/ETA Temporary Non-Agricultural Employment of H-2B Aliens in the U.S.

 

Final: Comment period on interim final rule expected completion 06/29/2015 Long-Term Action: Next action undetermined

+ indefinite delay

DOL/ETA Modernizing the Permanent Labor Certification Program Proposal: Proposed rule expected 12/2015 Proposal: Proposed rule expected 04/2016

+ 4 month delay

DOL/ETA Workforce Innovation and Opportunity Act Proposal: Comment period on proposed rule expected to conclude 06/15/2015 Proposal: Analysis of comments on proposed rule expected 11/2015

+moving ahead

 

*statutory deadline for final rule is 01/18/2016

DOL/ETA Workforce Innovation and Opportunity Act; Joint Rule with the U.S. Dep’t of Education… Proposal: Comment period on proposed rule expected to conclude 06/15/2015 Proposal: Analysis of comments on proposed rule expected 11/2015

+moving ahead

 

*statutory deadline for final rule is 01/18/2016

DOL/EBSA Improved Fee Disclosure for Welfare Plans Long-Term Action: Next action undetermined Long-Term Action: Next action undetermined

+no movement expected

DOL/EBSA Conflict of Interest Rule- Investment Advice Proposal: Comment period on second proposed rule expected to end 07/06/2015 Proposal: Analysis of comments on proposed rule expected 12/2015

+moving ahead

DOL/EBSA Final Rules under the Affordable Care Act for Grandfathered Plans… No entry in Spring Agenda Final: Final rule expected 11/2015

+moving ahead

DOL/WHD Establishing Paid Sick Leave for Contractors

 

No entry in Spring Agenda Proposal: Proposed rule expected 02/2016

+moving ahead

 

*statutory deadline for final rule is 09/30/2016

DOL/WHD Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees Proposal: Proposed rule expected 06/2015 Final: Final rule expected 07/2016

+moving ahead

 

Originally posted here.