regulatory agenda
lborkowski | August 7, 2017In late July, while many of us were preoccupied with Republican Senators’ attacks on healthcare, the Trump administration released its first regulatory agenda (technically, the Current Unified Agenda of Regulatory and Deregulatory Actions). These routine updates are published so the public can see what they can anticipate from federal agencies in the way of rulemaking. (Celeste Monforton has been tracking the Department of Labor regulatory agenda for years.)
The Trump administration’s first entry into this genre is better described as a de-regulatory agenda. It’s a dizzying array of delays,…
cmonforton | June 23, 2016Priorities for a successor? That’s what I wondered when I reviewed the worker safety topics on the OSHA's latest regulatory agenda which was issued last month. In addition to rulemaking projects already identified by the agency, I count five new topics listed on the agenda for possible future regulatory action. They involve the following topics about which OSHA would seek public comment via a "Request for information" or an "Advance notice of proposed rulemaking":
Protections for healthcare workers against violence on-the-job (here)
A lower blood-lead level to trigger medical removal…
cmonforton | May 29, 2015The Labor Department released last week its semi-annual regulatory agenda and it’s full of disappointment for those expecting new worker safety regulations from the Obama Administration. The Mine Safety and Health Administration (MSHA) doesn't expect to publish a proposed rule to protect mine workers from respirable silica until April 2016. Six months ago, the agency suggested the proposal was imminent. OSHA doesn't expect to convene a panel of small businesses to review a draft proposed rule to address combustible dust until February 2016. A year ago the agency said it would be ready for…
cmonforton | December 5, 2014I took a little time this week to review the regulatory agenda of worker health and safety initiatives which was issued by the Labor Department. The November 21 document contains a mixed bag of unaddressed workplace hazards and slipped deadlines, as well as a few new topics for possible regulatory action. The fault for some of the slipped deadlines falls right on the doorstep of the White House’s Office of Information and Regulatory Affairs (OIRA).
The Mine Safety and Health Administration (MSHA), for example, has been working on a rule that would require machines used in coal mines to cut…
cmonforton | June 5, 2014I’m not sure why I’m compelled to write each time the Labor Department releases its Spring and Fall agenda on worker safety regulations. The first time I did so was December 2006 and I’ve commented on all but one of the subsequent 14 agendas. But the ritual is largely disappointing.
On its regulatory agenda, OSHA will indicate its intention to make progress on a proposed or final worker safety rules. It will provide target dates to complete key tasks for each of those rules. But for the majority of the regulatory topics, by the time the next regulatory agenda rolls around six or more months…
cmonforton | February 14, 2012The world's largest producer and supplier of beryllium and workers exposed to the highly toxic mineral decided not to wait any longer for federal OSHA to draft a proposed worker safety rule on the hazard. Last week, the United Steelworkers International Union and Materion Brush (the only U.S. manufacturer) sent the complete text of a draft regulation to the head of Labor Department's Occupational Health and Safety Administration (OSHA). Individuals exposed to the metal may become immunologically sensitized to it, and develop a unique disabling, chronic lung disease. Beryllium is also…
cmonforton | January 30, 2012The Labor Department provided an update on January 20, 2012 to its regulatory agenda, including revised target dates for improved workplace safety and health standards. Several of the rules OSHA now expects to publish in 2012 are regulations the agency previously said would be issued one or two years ago. Missed deadlines, however, are nothing new for OSHA---an agency that has only issued two new major health or safety standards in the last 10 years.
To put these new projections from OSHA in perspective, I'll refer to forecasts made previously by the Obama/Solis Administration in 2009 and…
cmonforton | January 27, 2012The Republicans' mantra about the burden of regulations seems to have cast a spell on the Obama Administration's attitude about promoting new regulatory initiatives. My observations about this were reinforced this week when I read the Administration's statement accompanying its Fall 2011 regulatory plan. The message is clear: new regulations and an election year don't mix.
The tone of this new Obama Administration regulatory statement oozes caution. Let's set aside the fact that this "Fall 2011" regulatory plan was not released at all in the autumn, but on January 20, 2012. It seems the…
cmonforton | January 3, 2012When an organization fails to get the little things right, I have difficulty believing they are competent to get the big things right either. That's the way I feel about the White House's Office of Information and Regulatory Affairs (OIRA).
OIRA is part of the Office of Management and Budget (OMB), was created by the Paperwork Reduction Act of 1980, and is charged with reviewing certain proposed federal regulations and approving agencies' requests to collect data from the public. One of OIRA's responsibilities, as outlined in the 1993 Executive Order (EO) 12866, is coordinating the…
cmonforton | November 25, 2011Before too long the US Department of Labor (DOL) and other federal agencies should be issuing their annual regulatory plans and semi-annual agendas. These documents serve as official public notice of agencies' regulatory (and deregulatory) priorities. The Regulatory Flexibility Act and Executive Order (EO) 12866 direct agency heads to release these documents in April (agenda) and October (plan and agenda), but the Obama Administration doesn't have a good track record meeting those deadlines.
I'm not going to predict when the next agenda and plan will be issued or, as I did in the Spring, on…
cmonforton | July 12, 2011If one listens to the speeches of many Republican members of Congress, especially those assigned to the House Education and Workforce Committee, you'd think the U.S. Department of Labor has unleashed an avalanche of new employment-related regulations that business must now meet. I heard one Hill staffer report on inquiries he receives from constituents who ask "how many OSHA rules were issued last month?" Imagine their surprise when they learn, OSHA barely issues one major rule per year. Whomever is telling lawmakers and business that the Labor Department's worker safety agencies are out-…
cmonforton | June 21, 2011In a post on May 5, I predicted that Labor Secretary Hilda Solis would be publishing within a few days her semi-annual regulatory plan for new worker health and safety rules. I made that projection based on requirements in the Regulatory Flexibility Act and Executive Order 12866, which suggest these plans be published every April and October. As I've written previously, this Administration has a habit of being tardy releasing these plans, and this fifth document is posed to be the most belated. According to a very nice press officer with the Office of Management and Budget, the agencies…
cmonforton | May 5, 2011It shouldn't be long now before Labor Secretary Hilda Solis releases her semi-annual regulatory plan for new worker health and safety rules. This document is required by the Regulatory Flexibility Act and Executive Order 12866, and is supposed to be published every April and October. The Labor Secretary's most recent regulatory agenda wasn't issued until December 2010, the 20th to be exact. We''ll have to wait and see how tardy this one will be.
In that December 2010 document, OSHA and the Mine Safety and Health Administration (MSHA) listed about a dozen regulatory initiatives in the pre…
cmonforton | May 15, 2010As I noted in "Perplexed by OSHA's reg agenda," I've made a habit of commenting on the content of the Dept of Labor's semi-annual regulatory agenda [see links below]. I'll be the first to admit that our system for protecting workers from well-known hazards with new regulations is onerous and anything but nimble. It needs an overhaul. The obstacles, roadblacks and challenges plague OSHA, but these administrative and burden-of-proof hurdles DO NOT apply to MSHA. Here are just two examples of what I mean:
MSHA merely has to demonstrate that its decision is not arbitrary and capricious; a…
cmonforton | May 15, 2010Beginning in December 2006, I've written five blog post commenting on the content of the Department of Labor's (DOL) regulatory agenda for worker health and safety rulemakings. Most of my posts [see links below] have criticized the Labor Secretary and senior OSHA and MSHA staff for failing to offer a bold vision for progressive worker protections. Now that the Obama & Solis team have been on board for more than a year, I'm not willing to cut them any slack for being newbies. Regrettably, as with the Bush/Chao agendas, my posts today will question rather than compliment the OSHA team (…
cmonforton | May 15, 2010Last week Labor Secretary Solis released in the Federal Register on April 26, 2010, her Spring 2010 regulatory agenda for the Department, including her rulemaking priorities for MSHA and OSHA. As required by the Regulatory Flexibility Act it was published on time in April, in contrast to her Fall 2009 agenda which was six weeks late.
This document is described by the Secretary as a:
"...listing of all the regulations it expects to have under active consideration for promulgation, proposal, or review during the coming 1-year period. The focus of all departmental regulatory activity will be…
lborkowski | May 13, 2009Labor Secretary Hilda Solis signed off on her first semi-annual agenda of regulations, which was published in the Federal Register on Monday, May 11. She writes:
"This document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The Department's agencies have carefully assessed their available resources and what they can accomplish in the next 12 months and have adjusted their agendas accordingly."
I've griped before about not understanding the difference between the items listed on this "agenda" and the…
lborkowski | December 11, 2007Secretary of Labor Elaine Chao published her semi-annual regulatory agenda yesterday in the Federal Register. Earlier this month, I'd made predictions about the agenda, but after perusing the document, I'm glad I didn't put any money down on my guesses. Rather than updating the status of safety and health standards that are in the works, many hazard topics are just gone---no longer listed on OSHA's or MSHA's agenda.
The Secretary's last regulatory agenda (April 2007) listed 38 workplace health and safety hazards for possible regulatory action, 16 for MSHA and 22 for OSHA.**Â The newly…
lborkowski | November 30, 2007It's that time of year---time for the Secretary of Labor to issue her semi-annual regulatory agenda.  Look for its publication in the Federal Register around the second week of December.
I'll be curious to see OSHA's timetable for action on diacetyl, the butter-flavoring agent associated with severe lung disease in exposed workers.
Will OSHA list diacetyl on its reg agenda?
Will it provide a target date for publishing a proposed rule?
   I'll also be eager to see OSHA's latest schedule for proposed rules to address:
Hearing conservation for construction workers (who are…