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Under the Agenda, a significant number of rule-making initiatives were withdrawn.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three MSHA pending rules, including the pending rule regarding procedures for the assessment of civil penalties, were withdrawn.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
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DOL/OSHA |
Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) |
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DOL/OSHA |
Bloodborne Pathogens |
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DOL/OSHA |
Combustible Dust |
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DOL/OSHA |
Injury and Illness Prevention Program |
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DOL/OSHA |
Preventing Backover Injuries and Fatalities |
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DOL/OSHA |
Chemical Management and Permissible Exposure Limits (PELs) |
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DOL/OSHA |
Clarification of Employer's Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness |
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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 |
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DOL/OSHA |
Revocation of Obsolete Permissible Exposure Limits (PELs) |
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DOL/OSHA |
Eliminating Requirements for Employee Social Security Numbers in OSHA Standards |
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DOL/OSHA |
Subpart Q Update |
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DOL/OSHA |
1-Bromopropane (1-BP) Standard |
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DOL/OSHA |
Noise in Construction |
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DOL/OSHA |
Occupational Exposure to Styrene |
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DOL/OSHA |
Updating Requirements for the Selection, Fit Testing, and Use of Hearing Protection Devices |
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DOL/MSHA |
Criteria and Procedures for Proposed Assessment of Civil Penalties |
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DOL/MSHA |
Refuge Alternatives for Underground Coal Mines |
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DOL/MSHA |
Request for Information to Improve the Health and Safety of Miners and to Prevent Accidents in Underground Coal Mines |
Pending Actions
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DOL/OSHA |
Communication Tower Safety |
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DOL/OSHA |
Mechanical Power Presses Update |
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DOL/OSHA |
Powered Industrial Trucks |
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DOL/OSHA |
Lock-Out/Tag-Out Update |
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DOL/OSHA |
Blood Lead Level for Medical Removal |
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DOL/OSHA |
Occupational Exposure to Beryllium |
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DOL/OSHA |
Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection |
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DOL/OSHA |
Crane Operator Qualification in Construction |
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DOL/OSHA |
Cranes and Derricks in Construction: Exemption Expansions for Railroad Roadway Work |
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DOL/OSHA |
Technical Corrections to 16 OSHA Standards |
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DOL/OSHA |
Puerto Rico State Plan |
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DOL/OSHA |
Improve Tracking of Workplace Injuries and Illnesses |
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DOL/OSHA |
Tracking of Workplace Injuries and Illnesses |
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DOL/OSHA |
Standards Improvement Project IV |
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DOL/MSHA |
Exposure of Underground Miners to Diesel Exhaust |
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DOL/MSHA |
Refuge Alternatives for Underground Coal Mines; Limited Reopening of the Record |
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DOL/MSHA |
Examination of Working Places in Metal and Nonmetal Mines |
Long Term Actions
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DOL/OSHA |
Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column |
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DOL/OSHA |
Infectious Diseases |
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DOL/OSHA |
Amendments to the Cranes and Derricks in Construction Standard |
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DOL/OSHA |
Process Safety Management and Prevention of Major Chemical Accidents |
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DOL/OSHA |
Shipyard Fall Protection--Scaffolds, Ladders and Other Working Surfaces |
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DOL/OSHA |
Emergency Response and Preparedness |
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DOL/OSHA |
Update to the Hazard Communication Standard |
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DOL/OSHA |
Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records |
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DOL/OSHA |
Tree Care Standard |
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DOL/OSHA |
Prevention of Workplace Violence in Health Care and Social Assistance |
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DOL/MSHA |
Respirable Crystalline Silica |
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DOL/MSHA |
Proximity Detection Systems for Mobile Machines in Underground Mines |
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
303.390.0008
kjohnston@jacksonkelly.com
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