DOL Releases Semiannual Regulatory Agenda

On Monday the Department of Labor (DOL) will publish its Semiannual Regulatory Plan (pdf) in the Federal Register. The Regulatory Plan is a subset of the DOL’s regulatory agenda and contains a statement of the DOL’s regulatory priorities and actions it considers to be the most important and significant. The full DOL regulatory agenda will be made available on Monday and will be posted on www.reginfo.gov. The regulatory agenda lists the regulations the DOL expects to have under active development at any stage for the upcoming one-year period, as well as those actions completed within the past six months. The DOL’s regulatory agenda indicates that the Occupational Safety and Health Administration (OSHA) will be very active. Specifically, OSHA is taking steps to develop rules governing occupational exposure to beryllium and food flavorings containing diacetyl and diacetyl substitutes. OSHA will also undertake a routine review of its Bloodborne Pathogen Standard to assess whether there is still a need for such a standard. At the proposed rule stage, OSHA has developed possible regulations governing occupational exposure to crystalline silica.

As for final OSHA rules, by November 2011 the agency intends to issue a final rule extending confined space protections to construction workers. By May 2011, OSHA expects to issue a final rule streamlining the construction industry standard to address electric power transmission and distribution line safety.

Other subagencies within the DOL also intend to actively develop new rules in the coming months. The Office of Labor-Management Standards (OLMS) plans to issue a notice of proposed rulemaking regarding persuader agreements and employer and labor relations consultant reporting under the Labor-Management Reporting and Disclosure Act (LMRDA). The OLMS also intends to propose mandatory electronic filing of the annual Receipts and Disbursements Report Form LM-21, among other changes to the form and its instructions. Form LM-21 is the public disclosure form generally filled out by labor relations consultants hired by employers. The notice of proposed rulemaking to amend this form is slated to be issued by July 2011.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.