Updated OSHA Regulatory Agenda

The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor continues to vigorously police the regulated community. Thus, OSHA recently issued its regulatory agenda for 2013, updated from fall 2011. The updated agenda includes ten rules in the Final Rule stage, ten rules in the Proposed Rule stage and five rules in the Pre-Rule stage. OSHA's proposed rules are anticipated to move through the rulemaking process during the next six to twelve months. Below are selected rules included in each category of the three stages and dates they are projected to take effect, if applicable. A complete list of the rules is included in the link:

http://www.reginfo.gov/public/do/eAgendaMain;jsessionid= EBBAC095179036991730F5361E0C472B?operation=OPERATION_GET_AGENCY_RULE_LIST&currentPub=true&agency Code=&showStage=active&agencyCd=1200&Image58.x=28&Image58.y=12

Final Rule Stage

Five of the ten Final Rules being proposed by OSHA address:

Confined Spaces in Construction. The final rule is projected for July 2013. The rule expands the general industry confined space rule to cover construction work in confined spaces. Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips and Fall Prevention). The final rule is projected for August 2013. In our e-alert dated December 4, 2012, we noted three of the top ten OSHA violation categories in 2011 related to working at heights. Occupational Injury and Illness Recording and Reporting Requirements—NAICS Update and Reporting Provisions. The final rule is projected for May 2013. The rule updates the list of industries partially exempt from the requirement to maintain a log of occupational illnesses and injuries under the North American Industry Classification System (NAICS). It also revises the obligations of employers to report the occurrence of fatalities and certain injuries. Electric Power Transmission and Distribution; Electrical Protective Equipment. The final rule is projected for March 2013. Both electrical wiring methods and electrical general requirements were among the top ten categories of OSHA violations for the previous year. Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act of 2010. The interim final rule is projected for March 2013. This rule establishes a new whistleblower protection scheme. Proposed Rule Stage

Four of OSHAʼs ten Proposed Rules include:

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