DOL Rulemaking to Focus on Labor-Management, Occupational Safety and Health Issues

According to the Department of Labor’s semiannual regulatory agenda, (pdf) over the next 10 months the agency plans to develop and implement regulations affecting labor-management relations and occupational safety and health. The agenda – which is published twice a year – outlines all of the regulations the agency expects to actively review, develop or promulgate between April 2011 and April 2012. The Department announced that its agencies “have carefully assessed their available resources and what they can accomplish in the next 12 months and have adjusted their agendas accordingly.”

The DOL’s Office of Labor-Management Standards (OLMS) recently caused a stir when it issued a proposed rule that would significantly narrow the scope of the “advice” exemption under the Labor-Management Reporting and Disclosure Act (LMRDA). If implemented, these regulations, which would also redefine what constitutes reportable “persuader activities” under the LMRDA, would require employers and their advisors to report certain activities and agreements that have not been subject to reporting requirements for decades. According to the regulatory agenda, the OLMS also intends to issue a notice of proposed rulemaking (NPRM) in November that would propose mandatory electronic filing of the consultant Form LM-21 Receipts and Disbursements Report. This form is used to disclose the annual receipts and disbursements related to any agreement or arrangements made between any person, including labor relations consultants and other individuals and organizations, and an employer to undertake certain activities concerning employees or labor organizations.

The Department also intends to focus its resources on regulations governing occupational safety and health. The Occupational Safety and Health Administration (OSHA) is in the initial stages of developing rules to regulate workplace exposure to beryllium and food flavorings containing diacetyl and diacetyl substitutes. The agency also plans to undertake a review of its blood borne pathogen standard to consider whether there is a continued need for the regulation and/or whether technological, economic, or other factors have changed since its implementation. It appears that a proposed rule governing occupational exposure to crystalline silica is also imminent. At the final rule stage, OSHA is poised to issue a final rule updating and streamlining regulations on electric power transmission and distribution and electrical protective equipment by September of this year, and a final rule on confined spaces in construction by November 2011.

As is usually the case, the DOL’s timeline is subject to change.

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.