Rulemaking

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.

With OSHA's silica rule slated to be enforceable on June 23, the agency is planning to provide compliance assistance to employers that make “good faith efforts” to meet the general industry and maritime standard's requirements, and any citations issued will be subject to federal review during the rule's first 30 days of enforcement.

The Trump administration has moved several Obama-era initiatives that it had previously shelved back onto OSHA's regulatory priorities list, including measures aimed at limiting harms to healthcare workers, first responders, and tree and landscape workers, as well as a chemical hazard communication standard.

Faced with labor shortages that are preventing many jobs from being filled, Labor Secretary Alexander Acosta signaled a “step back” in the Trump administration's strict zero tolerance approach on drug use in the workplace, opening the door to a possible softening in OSHA's plans to roll back an Obama-era rule that precludes company policies, such as drug testing, if they deter injury reporting.

OSHA has submitted a final version of the Trump administration’s plan to scale-back Obama-era beryllium standards to the White House Office of Management and Budget (OMB) for review, just as slag- and non-slag abrasive producers are intensifying their battle over which products would trigger the rule's safety requirements.