OSHA issues ‘Spring’ rulemaking agenda

Posted June 23, 2022

OSHA’s long-awaited “Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions” has been posted online by the White House Office of Information and Regulatory Affairs. Three “major” final rules are slated for 2022 on COVID-19, electronic submissions, and hazard communication (HazCom). In fact, the Electronic Submissions (or Improve Tracking) final rule appears to be moving “fast” through the pipeline with its December final rule date.

Note that OSHA is just beginning to review comments from the Heat Illness Prevention pre-rule, so that rulemaking is a ways away from being proposed or finalized. Most rulemakings on the agenda are at the proposed, pre-rule, or long-term stage, but when they come up in the Federal Register, stakeholders will have a chance to shape the final rulemaking with their comments.

OSHA did not remove any rulemakings from its to-do list in this agenda, and no rulemakings on the agenda appear to be anything new.

Final rules

The agency expects six final rules in the coming months:

• June 2022 — Procedures for the Handling of Retaliation Complaints under the Criminal Antitrust Anti-Retaliation Act
• July 2022 — Procedures for the Handling of Retaliation Complaints Under the Anti-Money Laundering Act
• September 2022 — Subpart U--Emergency Temporary Standard--COVID-19
• November 2022 — Procedures for Handling of Retaliation Complaints Under the Whistleblower Protection Statutes
• December 2022 — Improve Tracking of Workplace Injuries and Illnesses
• December 2022— Update to the Hazard Communication Standard

Note that in August 2022 OSHA intends to analyze comments for its interim final rule on Procedures for the Handling of Retaliation Complaints Under the Taxpayer First Act.

Proposed rules

Most rules on the agenda are at the proposed rule stage. The major ones line up as follows:

• June 2022 — Massachusetts State and Local Government Only State Plan--Initial State Plan Approval
• September 2022 — Personal Protective Equipment in Construction
• October 2022 re-open rulemaking record — Walking Working Surfaces
• December 2022 — Tree Care Standard
• January 2023— Amendments to the Cranes and Derricks in Construction Standard
• February 2023— Welding in Constructions Confined Spaces
• March 2023— Communication Tower Safety
• March 2023— Lockout/Tagout Update
• May 2023— Infectious Diseases
• May 2023— Emergency Response
• May 2023 — Occupational Exposure to Crystalline Silica: Revisions to Medical Surveillance Provisions for Medical Removal Protection

Note that in July 2022 OSHA intends to analyze comments on its proposed rules on Powered Industrial Trucks Design Standard Update and Arizona State Plan for Occupational Safety and Health.

Pre-rules

OSHA anticipates the following action items at the pre-rule stage:

• June 2022 — Blood Lead Level for Medical Removal
• July 2022 meeting— Process Safety Management and Prevention of Major Chemical Accidents
• September 2022 small business panel — Prevention of Workplace Violence in Health Care and Social Assistance

Note that in June 2022, OSHA intends to analyze comments on the pre-rules on Mechanical Power Presses Update and its Heat Illness Prevention in Outdoor and Indoor Work settings.

Long-term actions

Lastly, the agency has four items with long-term dates that are to be determined:

• Powered Industrial Trucks Proposal
• Occupational Exposure to Crystalline Silica; Revisions to Table 1 in the Standard for Construction Proposal
• COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) Rulemaking
• Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column

OSHA explains that it did not withdraw the ETS from the rulemaking lineup to the extent that it serves as a proposed rule while OSHA continues to evaluate comments and the Court’s decision.

This article was written by Tricia Hodkiewicz of J. J. Keller & Associates, Inc.