On June 11, the U.S. Department of Labor’s Occupational Safety and Health Administration sent its Heat Illness Prevention in Outdoor and Indoor Work Settings proposed rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The text of the proposal is currently not available to the public. After OIRA completes its review of the rule, the rule will be published in the Federal Register. ABC will be meeting with the OIRA on the proposed rule.

On May 21, ABC joined the U.S. Chamber of Commerce and a coalition of business groups in filing a lawsuit in the U.S. District Court for the Western District of Texas, Waco Division against the U.S. Department of Labor’s Occupational Safety and Health Administration’s Worker Walkaround Representative Designation Process final rule. Read the news release announcing the lawsuit.

On April 18, the U.S. Department of Labor’s Mine Safety and Health Administration issued the final rule on Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection, which lowers the permissible exposure limit of respirable crystalline silica to 50 micrograms per cubic meter of air for a full-shift exposure, calculated as an eight-hour, time-weighted average. If a miner’s exposure exceeds the limit, mine operators are required to take immediate corrective actions to come into compliance.

On March 29, the U.S. Department of Labor’s Occupational Safety and Health Administration announced its Worker Walkaround Representative Designation Process final rule, which allows employees to choose a third-party representative, such as an outside union representative or community organizer, to accompany an OSHA safety inspector into nonunion workplaces during site inspections. This final rule is effective on May 31, 2024. ABC will offer a webinar on Tuesday, April 9 at 2 p.m. ET about the final rule. Register now!

Per the Occupational Safety and Health Administration, upload your OSHA 300A form electronically by March 2 if your NAICS code begins with 23 and you have 20 or more employees in an establishment. New additional requirements for 2024, if your NACIS code begins with 2381 and you have 100 or more employees in an establishment, you must upload your OSHA 300 log (after removing data from column B) and the OSHA 301 form for each recordable incident (after removing data from field 1, 2, 6 and 7).

On Feb. 9, the U.S. Department of Labor’s Occupational Safety and Health Administration sent its Worker Walkaround Representative Designation Process final rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget for final review. The rule would allow employees to choose a third-party representative, such as an outside union representative or community activist, to accompany an OSHA inspector into nonunion facilities. The review at the OIRA is usually the final step in the process before a rule is officially published in the Federal Register. ABC will be meeting with the OIRA to express its serious concerns about the rule.

The U.S. Department of Labor’s Occupational Safety and Health Administration is hosting a webinar on electronically submitting workplace injury and illness data using the Injury Tracking Application on Feb. 7 from 1-2 p.m. ET. Registration is free.

On Jan. 11, the U.S. Department of Labor issued a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the DOL, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The Inflation Adjustment Act requires that the agency annually adjust its civil money penalty levels for inflation by Jan. 15 of each year. However, due to a federal holiday on Jan. 15, the new OSHA penalty amounts went into effect on Jan. 16.

In December 2023, ABC submitted comments as a steering committee member of the Construction Industry Safety Coalition and the Coalition for Workplace Safety in response to the Occupational Safety and Health Administration’s potential standard for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings following its review of the Small Business Advocacy Review Panel materials and the SBAR Panel’s final report.

The Biden administration recently released its Fall 2023 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 in 2023 and 2024. ABC has prepared a summary of the actions of interest to ABC members by agency.