Jackson Kelly PLLC

Workplace Safety and Health News Alert

TRUMP ADMINISTRATION RELEASES 2017 “UPDATE” REGULATORY AGENDA, SIGNALING SIGNIFICANT REGULATORY CHANGES

July 24, 2017

 For clients and friends of Jackson Kelly PLLC
Volume 13, Number 13
©2017 Jackson Kelly PLLC

On July 10, 2017, the Trump administration released the 2017 Update to the Unified Agenda of Regulatory and Deregulatory Actions (the “Agenda”). The Trump administration’s desire to reduce the regulatory load on both the Occupational Safety and Health Administration (“OSHA”) and the Mine Safety and Health Administration (“MSHA”) regulated businesses is clear, with the Agenda stating “[b]y amending and eliminating regulations that are ineffective, duplicative, and obsolete, the Administration can promote economic growth and innovation and protect individual liberty.” The Agenda mandates significant regulatory changes.

Under the Agenda, a significant number of rule-making initiatives were withdrawn. Of those rules upon which Administration action was taken, all three MSHA pending rules, including the pending rule regarding procedures for the assessment of civil penalties, were withdrawn. The only surviving OSHA rules include the pending rules for personal fall protection systems and procedures for handling retaliation complaints. The withdrawal of such a significant portion of ongoing regulatory activity is a clear signal of the Trump administration’s intent to reduce regulatory burden.

Fourteen OSHA and three MSHA initiatives are under active consideration for the upcoming year. Over the course of the upcoming year, OSHA and MSHA will continue the rule-making process. The long?term actions identified in the Agenda include for MSHA, items such as contemplated action regarding limitation on exposure to respirable crystalline silica, and for OSHA, items such as contemplated rules on workplace violence.

Please see below for list of all regulatory items identified by the Agenda:
 

Completed Actions

DOL/OSHA

Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention)

1218-AB80

DOL/OSHA

Bloodborne Pathogens

1218-AC34

DOL/OSHA

Combustible Dust

1218-AC41

DOL/OSHA

Injury and Illness Prevention Program

1218-AC48

DOL/OSHA

Preventing Backover Injuries and Fatalities

1218-AC51

DOL/OSHA

Chemical Management and Permissible Exposure Limits (PELs)

1218-AC74

DOL/OSHA

Clarification of Employer's Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness

1218-AC84

DOL/OSHA

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Moving Ahead for Progress in the 21st Century Act

1218-AC88

DOL/OSHA

Revocation of Obsolete Permissible Exposure Limits (PELs)

1218-AD01

DOL/OSHA

Eliminating Requirements for Employee Social Security Numbers in OSHA Standards

1218-AD02

DOL/OSHA

Subpart Q Update

1218-AD03

DOL/OSHA

1-Bromopropane (1-BP) Standard

1218-AD05

DOL/OSHA

Noise in Construction

1218-AD06

DOL/OSHA

Occupational Exposure to Styrene

1218-AD09

DOL/OSHA

Updating Requirements for the Selection, Fit Testing, and Use of Hearing Protection Devices

1218-AD11

DOL/MSHA

Criteria and Procedures for Proposed Assessment of Civil Penalties

1219-AB72

DOL/MSHA

Refuge Alternatives for Underground Coal Mines

1219-AB79

DOL/MSHA

Request for Information to Improve the Health and Safety of Miners and to Prevent Accidents in Underground Coal Mines

1219-AB85

Pending Actions

DOL/OSHA

Communication Tower Safety

1218-AC90

DOL/OSHA

Mechanical Power Presses Update

1218-AC98

DOL/OSHA

Powered Industrial Trucks

1218-AC99

DOL/OSHA

Lock-Out/Tag-Out Update

1218-AD00

DOL/OSHA

Blood Lead Level for Medical Removal

1218-AD10

DOL/OSHA

Occupational Exposure to Beryllium

1218-AB76

DOL/OSHA

Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection

1218-AC94

DOL/OSHA

Crane Operator Qualification in Construction

1218-AC96

DOL/OSHA

Cranes and Derricks in Construction: Exemption Expansions for Railroad Roadway Work

1218-AD07

DOL/OSHA

Technical Corrections to 16 OSHA Standards

1218-AD12

DOL/OSHA

Puerto Rico State Plan

1218-AD13

DOL/OSHA

Improve Tracking of Workplace Injuries and Illnesses

1218-AD16

DOL/OSHA

Tracking of Workplace Injuries and Illnesses

1218-AD17

DOL/OSHA

Standards Improvement Project IV

1218-AC67

DOL/MSHA

Exposure of Underground Miners to Diesel Exhaust

1219-AB86

DOL/MSHA

Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record

1219-AB84

DOL/MSHA

Examination of Working Places in Metal and Nonmetal Mines

1219-AB87

Long Term Actions

DOL/OSHA

Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

1218-AC45

DOL/OSHA

Infectious Diseases

1218-AC46

DOL/OSHA

Amendments to the Cranes and Derricks in Construction Standard

1218-AC81

DOL/OSHA

Process Safety Management and Prevention of Major Chemical Accidents

1218-AC82

DOL/OSHA

Shipyard Fall Protection--Scaffolds, Ladders and Other Working Surfaces

1218-AC85

DOL/OSHA

Emergency Response and Preparedness

1218-AC91

DOL/OSHA

Update to the Hazard Communication Standard

1218-AC93

DOL/OSHA

Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records

1218-AC95

DOL/OSHA

Tree Care Standard

1218-AD04

DOL/OSHA

Prevention of Workplace Violence in Health Care and Social Assistance

1218-AD08

DOL/MSHA

Respirable Crystalline Silica

1219-AB36

DOL/MSHA

Proximity Detection Systems for Mobile Machines in Underground Mines

1219-AB78

OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado

Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com

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