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 Labor has listed a total of twenty eight regulatory entries for OSHA specific actions. This regulatory agenda differs from the published spring 2013 agenda.  Specifically, OSHA added three new agency actions to its agenda, including two for the construction industry and one for the shipyard industry.

For the shipyard industry, OSHA is considering possible changes to standards governing scaffolds, ladders and other working surfaces in shipyards. OSHA is considering splitting the current subpart into three subparts, Subpart E Stairways, Ladders and Other Access and Egress; Subpart M Fall Protection; and Subpart N Scaffolds. According to the agenda, OSHA will issue a request for information from the public about the possible rule changes in August 2014.

For the construction industry, OSHA has added two new proposed rules relating to the Cranes and Derricks in Construction Standard.  OSHA anticipates issuing a Notice of Proposed Rulemaking for Amendments to the Cranes and Derricks in Construction Standard in January 2014.  This Notice will address technical amendments and corrections to 1926.1400 (Subpart CC) – Cranes and Derricks in Construction.  Two of the proposed corrections included clarifying the exclusion of powered industrial trucks and defining the term “digger derrick.”

The second Notice of Proposed Rulemaking for the Cranes and Derricks in Construction Standard pertains to Operator Certification.  There has been considerable conflict between OSHA and interested stakeholders regarding OSHA’s interpretation that a crane operator must be certified on the specific type of crane and the specific capacity.  Many in the industry believe that capacity should not be a factor in operator certification.  In order to address this issue OSHA is delaying the operation certification/qualification requirements in the standard, which are effective November 10. 2014.  Under the Notice of Proposed Rulemaking OSHA would delay that effective date until November 2017.  OSHA anticipates issuing this Notice of Proposed Rulemaking in December 2013.

Additional regulatory actions under consideration by OSHA include:

 OSHA-Blog-Chart-12032013

The full federal Unified Agenda and Regulatory Plan can be found online at: http://www.reginfo.gov/public/do/eAgendaMain.

Tags: Construction, Cranes and Derricks, shipyard industry
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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

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