Rulemaking

Environmentalists are petitioning EPA to amend the agency's Chemical Data Reporting (CDR) rule under the revised toxics law to require businesses to report uses of asbestos, an effort advocates say would close a loophole created when EPA excluded asbestos from CDR because it is “naturally occurring,” and would provide valuable data to workers.

OSHA is seeking nominations for more than a dozen slots on its advisory committee that provides input on rules governing workplace safety in construction sector, amid controversy that the Trump administration is generally sidelining use of such panels leading to an “insular” approach to decisionmaking.

A divided National Labor Relations Board (NLRB) is proposing a rule that would raise the bar for determining when contractors, franchisers and other entities are considered “joint employers,” opening the door to subjecting them to workplace safety and other requirements, arguing the rule will clarify existing confusion.

A plastics industry attorney expects that the Trump administration will not advance an Obama-era plan to expand when OSHA's safety standard applies to power equipment that is shut off during repair work, noting that OSHA did not hold a required hearing on the change, and that the agency may instead seek changes to ease the burdens of the existing rule.

The White House is reviewing a draft final rule that the Obama OSHA originally sought to use to expand when the agency's safety standard applies to power equipment that is shut off for repairs, though it is unclear whether the final Standards Improvement Project (SIP) rule will include the measure given strong opposition from employers.

EPA's proposal to strengthen its 2001 lead paint dust hazard standards is spurring conflicting reactions, with healthy housing groups and some states urging the agency to significantly tighten its standards, which could prompt greater protections for workers conducting renovation and repair in some facilities with lead paint, though home builders say more data is necessary to ensure the proposal is viable.

OSHA has issued its final rule delaying until Dec. 12 some provisions of its Obama-era beryllium standard in order to complete a separate rule that will roll back aspects of the underlying regulation as agreed to in a settlement with industry groups, but the move is facing criticism from some worker advocates though others are grudgingly accepting it.

OSHA has issued a proposed rule revising an Obama-era update to the agency's injury and illness recordkeeping program that would require employers to report only summary information to the agency, citing fears of disclosure of worker injury data under public records law, though labor groups are already challenging Trump administration efforts to curtail the Obama-era rule.

OSHA has finalized a direct final rule (DFR) limiting the reach of ancillary provisions of the Obama-era rule updating the agency's beryllium standards for general industry after receiving no significant adverse comments on the rule issued in May.

OSHA is extending the comment period on its proposed rulemaking seeking to expand and clarify requirements for employers to verify crane operators training and certification requirements in response to calls from several large industry trade groups seeking additional time to address concerns that the plan is overly burdensome.