Twice a year, the Office of Information and Regulatory Affairs publishes an agenda that provides the status of and projected dates for all potential regulations. This provides a roadmap to anticipated federal rulemaking. While this schedule is more aspirational it does provide insight into the administration’s upcoming activities and priorities.
June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions outlining federal agency goals for the months ahead.
• OSHA’s current Hazard Communication standard is linked with the third edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
• In February 2021, OSHA issued a proposed rule to update the regulations to align with GHS’ seventh edition.
A permanent COVID-19 standard for the health care industry is listed in the final rule stage and is expected to appear in the fall.
OSHA’s Infectious Diseases standard. OSHA is looking at regulatory alternatives for control measures to protect employees from infectious disease exposure. Affected workplaces could include health care, correctional facilities, laboratories, among others.
OSHA’s Emergency Response standard. This regulation will attempt to address the full range of hazards or concerns currently facing emergency responders, and other workers providing skilled support, and provide performance specifications for protective clothing and equipment. A notice of proposed rulemaking is not expected until at least May.
Lock-out/Tag-out Update. New computer-based controls of hazardous energy conflict with current OSHA standards on lock-out/tag-out. In May 2019, OSHA issued a Request for Information to better understand new technology in this space.
Heat Illness Prevention in Outdoor and Indoor Work Settings. OSHA published an advance notice of proposed rulemaking in October 2021 to explore rulemaking on a heat stress standard. To date, California, Washington, Minnesota and the US military have issued heat protections. OSHA is scheduled to analyze comments from the ANPrM beginning June 2022.
Tracking Workplace Injuries and Illnesses. This proposed rule would require establishments with 100 or more employees in designated industries to submit information electronically once a year on certain OSHA forms. The rule would update the classifications system to determine the industries covered by this submission requirement and require the company name to be included. A final rule is scheduled for December 2022.