Rulemaking

The Mine Safety and Health Administration (MSHA) has agreed to extend by 30 days the comment period for five of 18 rules it recently proposed, although stakeholders have asked for a 60-day extension for all the rules and noted the challenge of providing meaningful comments on so many proposals at the same time.

The United Mine Workers of America (UMWA) is seeking an additional 60 days to review 17 regulatory proposals the Mine Safety and Health Administration (MSHA) published in the Federal Register earlier this month, saying the agency’s 30-day comment period is not enough time to provide meaningful input.

While OSHA may still opt against finalizing a national heat standard, some observers believe the agency is looking to find middle ground on requirements that could be palatable to both employers and workers, especially because a federal rule would preempt state actions and prevent a more prescriptive approach in the future.

The Mine Safety and Health Administration (MSHA) is seeking to eliminate a number of regulatory provisions that allow district managers to require additional safety measures beyond those specified in regulation as part of a group of proposals to remove outdated or duplicative provisions.

OSHA is proposing to eliminate dozens of regulatory requirements that it says are outdated, duplicative or improperly inflexible, including changing its interpretation of the General Duty Clause to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance.

The Trump administration’s plan to slash funding for OSHA and other federal agencies tasked with worker protection is drawing concerns from Democratic lawmakers, who have questioned how less money can lead to better outcomes, and worker advocates who argue the cuts are threats to all workers.

Labor unions and employer-focused attorneys are raising concerns about the effects of massive staffing cuts at the National Institute for Occupational Safety and Health (NIOSH) on OSHA’s effort to develop a national heat standard, noting the current lack of neutral expertise NIOSH has traditionally provided for OSHA rulemakings.

EPA’s final TSCA risk evaluation of the solvent-ingredient 1,1-dichloroethane (1,1-DCA) finds fewer unreasonable risks to workers than a Biden-era draft version of the document, narrowing the categories of affected workers that may win protections from seven to three, and drops unreasonable risk findings for the general population or the environment.

The Trump EPA’s plan to rewrite the Biden-era TSCA phaseout of chrysotile asbestos to limit workplace exposures and further delay litigation over the measure is raising questions over whether the agency will continue to enforce the existing rule as it expects it will take 30 months -- much of the administration’s remaining term -- to redo the rule.

Small business advocates are urging OSHA to withdraw the Biden-era proposed heat standard and start over, pointing to the proposal’s failure to address multiple issues raised by a federal review panel, though they say if the agency decides to propose a new rule, it should use performance-based outcomes rather than prescriptive mandates.