Header graphic for print
OSHA Law Blog

Category Archives: OSHA Rulemaking

Subscribe to OSHA Rulemaking RSS Feed

Final Rule Issued for OSHA Recordkeeping Requirements

In a press release issued September 11, 2014, OSHA announced the final rule for Occupational Injury and Illness Recording and Reporting Requirements.  For Federal Plan States, the regulation will come into effect on January 1, 2015; State Plan States will announce their dates independently but are encouraged to meet the same deadline.  This regulation brings… Continue Reading

OSHA’s Regulatory Agenda Shifts

On November 26, 2013 the full semiannual regulatory agenda for federal agencies was published.  This Regulatory Agenda provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for over 60 federal departments, agencies, and commissions. In the current Unified Agenda the Department of… Continue Reading

OSHA’s Proposed Electronic Recordkeeping Rule

The Occupational Safety and Health Administration’s (“OSHA”) Notice of Proposed Rulemaking to “Improve Tracking of Workplace Injuries and Illnesses” was published in the Federal Register on November 8, 2013.  The proposed rule amends the recordkeeping regulations to add three new requirements for the electronic submission of injury and illness information to OSHA.  In addition, OSHA… Continue Reading

OSHA’S Silica Rulemaking: What Employers Need to Know

Silica (quartz) is one of the most common minerals on earth and contained in or critical to the production or manufacturing of an endless array of products and industries, like electronics, concrete, glass, brick, foundries, oil and gas, transportation and construction.  The Occupational Safety and Health Administration (OSHA) has proposed a rule that would cut… Continue Reading

OSHA’s Comprehensive Silica Proposed Rule Expected Soon

The Occupational Safety and Health Administration’s proposal to comprehensively regulate silica (quartz) in general industry, maritime, and construction is anticipated by Labor Day. Publication of the proposal to extensively regulate one of the most common minerals on Earth, like arsenic and lead, will trigger a public comment period and hearings.   The proposed rule, which… Continue Reading

Department of Health and Human Services Proposes to Increase Respirator Certification Fees

The Department of Health and Human Services (“HHS”) issued a proposed rule on respirator certification fees on March 27, 2013.  HHS proposed increasing the fees for respirator certifications issued by the National Institute for Occupational Safety and Health (“NIOSH”), and proposed creating a mechanism for routinely updating the fees in the future.  The proposed fee… Continue Reading

OSHA Issues Regulatory Agenda

OSHA recently issued its long-awaited regulatory agenda.  The agenda is designed to provide stakeholders with notice of what major regulatory initiatives the agency is planning and the projected timetables for those initiatives. OSHA’s agenda is the first issued in several months by the agency and provides a glimpse into the regulatory priorities – in President… Continue Reading

Impact of the Presidential Election on OSHA

With the presidential election just a few days away, there is a lot of uncertainty on the future direction of OSHA.  If President Obama wins a second term, employers should expect to see a more active OSHA from the regulatory perspective, as many rules that could impact the employers are poised to be published in… Continue Reading

Construction Employers: What to Expect in 2013!

With the election right around the corner, many employers are starting to speculate about what OSHA initiatives might be coming down the pike in 2013.  Click here for an interesting article examining possible initiatives for 2013 for the construction industry.

What Happened to Plan/Prevent/Protect?

It has been approximately two years since the Department of Labor announced its “Plan/Prevent/Protect” compliance strategy, with the basic goal to “ensure employers and other regulated entities are in full compliance with the law every day, not just when Department inspectors come calling.”  We thought that it would be interesting to take a quick look… Continue Reading

OSHA Finalizes Major Changes to its Hazard Communication Standard

In one of the most significant rulemaking efforts in over a decade, OSHA has finalized a rule revising its hazard communication standard to align it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The rule will affect over 5 million business establishments across the country. Over 40 million employees will need… Continue Reading

OSHA Publishes Update to Hazard Communication Standard

OSHA has published its long awaited update to its Hazard Communication standard to align the standard with the Globally Harmonized System of Classification and Labeling of Chemicals.  Click here to go to OSHA’s webpage on the topic, which includes links to the final rule and other guidance material. We will be providing additional information on… Continue Reading

OSHA Regulatory Update: IIPP Delayed but Hazard Communication Poised to be Published

Just weeks after announcing that it would be initiating the Small Business Regulatory Enforcement Fairness Act (SBREFA) process for its IIPP rule, the Agency recently announced that there would be an additional delay in starting the process.  IIPP has the potential to be the most significant OSHA rulemaking in over a decade, potentially requiring all employers to implement… Continue Reading

IIPP – Ready or Not Here it Comes!

OSHA is poised to release to the public its initial regulatory approach to its Injury and Illness Prevention Program (IIPP) rule. OSHA has announced that it will begin the Small Business Regulatory Enforcement and Fairness Act (SBREFA) process for its IIPP rule, at which time the Agency will likely make public a draft regulatory text and… Continue Reading

IIPP – What Should Employers Expect and When Should Employers Expect It?

OSHA’s Spring 2011 Regulatory Agenda reiterates OSHA’s earlier commitment to initiate the Small Business Regulatory Enforcement Fairness Act process for its Injury and Illness Prevention Program (IIPP) rule in June of this year.  Now midway through July, it is unclear when OSHA will release to the public its initial regulatory approach to the IIPP rule.  The Agency’s oft-stated… Continue Reading

OSHA Proposes Requiring New Industries Keep OSHA 300 Logs, Adds More Stringent Reporting Obligations

OSHA has proposed changing the industries that would be generally exempt from maintaining regular workplace injury and illness records. Employers in exempt industries are not required to maintain OSHA 300 Logs, complete OSHA 301 incident report forms, or complete the OSHA 300A annual summary forms. OSHA’s proposed rule also would require employers to report workplace amputations… Continue Reading

OSHA Surveys Employers’ Safety and Health Practices

OSHA has launched a survey of safety and health practices of private sector employers "as a tool toward better designing future rules, compliance assistance and outreach efforts."  OSHA is surveying as many as 19,000 employers nationwide of all sizes and in all industries.  Recipients of the survey can complete it either in hard copy form or electronically. It… Continue Reading

OMB Extends Review of OSHA’s Proposed Silica Rule

The Office of Management and Budget (OMB) has announced that it is extending its review period for OSHA’s proposed crystalline silica rule.  The proposal was received by OMB on February 14, 2011.  This extension follows the recent pattern of OMB taking longer than the standard 90 days to review OSHA rules under Executive Order 12866.  Notably, last… Continue Reading

OSHA to Hold Teleconferences on MSD Column Rule

OSHA announced today that it will be holding a series of three teleconferences, in partnership with the Small Business Administration’s Office of Advocacy, on OSHA’s proposed musculoskeletal disorder (MSD) column rule.  The teleconferences are designed to provide small businesses the opportunity to weigh-in on "their experiences in recording work-related MSDs and how they believe the proposed rule would… Continue Reading

OSHA’s Crystalline Silica Rule At OMB For Review

OSHA is a step closer to publishing a proposed rule regulating crystalline silica exposure in general industry, construction, and maritime.  OSHA’s proposal has been submitted to the Office of Management and Budget (OMB) for review under Executive Order 12866.  This is the final internal review before the proposal gets published in the Federal Register and signals that… Continue Reading