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July 8, 2020
On June 30, the Trump administration released its Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2021. ABC has prepared a summary of the actions of interest to ABC members by agency.
U.S. Department of Labor
OSHA
In July 2020, the Occupational Safety and Health Administration plans to issue a proposed rule to amend the Welding and Cutting Standard in construction to eliminate any perceived ambiguity about the definition of “confined space” that applies to welding activities. OSHA is also expected to issue a proposed rule with corrections and amendments to the August 2010 final standard for cranes and derricks, which includes a large number of provisions designed to improve crane safety and reduce worker injury and fatality. Additionally, OSHA plans to issue a final rule to revise the agency’s standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyards industries.
In August 2020, OSHA is expected to release a proposed rule clarifying the requirements for the fit of personal protective equipment in construction.
In November 2020, OSHA plans to issue a proposed rule to codify its memorandum position regarding post-incident drug testing and safety incentive programs. In October 2018, OSHA issued a memorandum clarifying its position on workplace safety incentive programs and post-incident drug testing included in the Obama administration’s 2016 Improve Tracking of Workplace Injuries and Illnesses Final Rule, also known as the Electronic Injury Reporting and Anti-retaliation Final Rule.
In March 2021, OSHA is expected to issue a proposed rule on occupational exposure to crystalline silica to determine if revisions to Table 1 in the standard for construction may be appropriate. ABC submitted comments on OSHA’s request for information on Table 1 of the silica standard as part of the Construction Industry Safety Coalition.
Wage and Hour Division
The Wage and Hour Division is expected to issue a request for information on the Family and Medical Leave Act of 1993 to solicit comments on ways to improve its regulations to better protect and suit the needs of workers and reduce administrative and compliance burdens on employers. The department plans to issue the RFI in July 2020.
WHD is also proposing a regulation for determining independent contractor status under the Fair Labor Standards Act, which was expected to be issued in June 2020.
For more information on upcoming DOL rulemakings, see the department’s Spring 2020 agenda.
National Labor Relations Board
The National Labor Relations Board also plans to revise its representation election regulations. The proposed rulemaking is expected to be split into two phases, titled Revision of Representation Case Rules (2) and Revision of Representation Case Rules (3), and focus on amendments relating to the procedures for the conduct of representation elections under the NLRB’s representation case procedures.
Additionally, the NLRB planned to issue a proposed rule that establishes standards under the National Labor Relations Act for access to an employer’s private property.
Both proposals and the proposed rule were expected to be issued in June 2020.
U.S. Department of Transportation
In December 2020, the Federal Aviation Administration plans to issue a final rule on Operations of Small Unmanned Aircraft Over People, which would amend the FAA’s 2016 final rule and allow the operation of small unmanned aircraft systems, or drones, at night and over people under certain conditions without obtaining a waiver. On April 15, 2019, ABC submitted comments on the FAA’s notice of proposed rulemaking, welcoming the proposal to ease certain restrictions on the use of small UAS without compromising the FAA’s valid safety objections.
U.S. Department of Housing and Urban Development
In August 2020, the U.S. Department of Housing and Urban Development is expected to issue a final rule revising regulations for Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992, which ensures employment, training and contracting opportunities generated by certain HUD financial assistance to be directed to low-income people. The final rule is intended to reduce regulatory burden, increase compliance with Section 3 requirements and increase Section 3 opportunities for low-income people.
HUD is also expected to issue a proposed rule focused on updating and streamlining its requirements to comply with the National Environmental Policy Act, the National Historic Preservation Act and various other environmental resource laws, regulations and executive orders.
Council on Environmental Quality
In September 2020, the Council on Environmental Quality plans to issue a final rule updating and clarifying the federal environmental review and authorization process under NEPA. After President Trump signed Executive Order 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects, the CEQ issued a proposed rule to modernize and clarify the regulations to facilitate more efficient, effective and timely NEPA reviews by federal agencies. On March 10, 2020, ABC joined several other organizations in submitting comments to the CEQ in support of the proposed revisions.
Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission intends to issue a set of proposed rules in July 2020 to amend its regulation of employer-sponsored wellness programs. In August 2017, the U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, and ordered the EEOC to reconsider the rulemakings. In accordance with the court’s ruling, the EEOC rescinded portions of its ADA and GINA wellness rules on Dec. 20, 2018.
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