NEWSLINE
CONSTRUCTION NEWS BULLETIN
NEWSLINE Trump Administration Releases Spring 2020 Regulatory Agenda For information more information on upcoming on upcoming memorandum memorandum positionposition regarding regardingFor more On JuneOn 30,June the Trump 30, theadministration Trump administration DOL rulemakings, DOL rulemakings, see the see the post-incident drug testing drug and testing safety and safety releasedreleased its Spring its2020 Spring Unified 2020 Unified post-incident department’s Spring 2020 Spring agenda. 2020 agenda. incentive incentive programs. programs. In October In October department’s Agenda Agenda of Regulatory of Regulatory and and 2018,issued OSHAaissued memorandum a memorandum Deregulatory Deregulatory Actions.Actions. The agenda The agenda2018, OSHA clarifying clarifying its position its position on workplace on workplace lists upcoming lists upcoming rulemakings rulemakings and other and other National Labor Relations Labor Relations Board Board safety incentive safety incentive programs programs and and National regulatory regulatory actions from actions each from agency each agency post-incident drug testing drug included testing included that the that administration the administration expects expects to topost-incident The National The National Labor Relations Labor Relations Board Board in the Obama in the administration’s Obama administration’s 2016 2016 publish through publish through the end the of the end year of the year also plans also toplans revisetoitsrevise representation its representation TrackingTracking of Workplace of Workplace electionelection and intoand 2021. into ABC 2021. hasABC prepared has prepared a aImproveImprove regulations. regulations. The proposed The proposed Injuries Injuries and Illnesses and Illnesses Final Rule, Final Rule, rulemaking summary summary of the actions of the of actions interest of interest to to rulemaking is expected is expected to be split to be split also known alsoas known the Electronic as the Electronic Injury Injury ABC members ABC members by agency. by agency. into twointo phases, two phases, titled Revision titled Revision of of Reporting Reporting and Anti-retaliation and Anti-retaliation Final Final Representation Representation Case Rules Case (2)Rules and (2) and U.S. Department U.S. Department of Laborof Labor Rule. Rule. RevisionRevision of Representation of Representation Case Case
Rules (3), Rules and focus (3), and onfocus amendments on amendments OSHA OSHA In MarchIn2021, March OSHA 2021,isOSHA expected is expected to to In July 2020, In July the 2020, Occupational the Occupational issue a proposed relating relating to the procedures to the procedures for the for the issue a proposed rule on occupational rule on occupational Safety and Safety Health andAdministration Health Administrationexposureexposure conduct conduct of representation of representation elections elections to crystalline to crystalline silica to silica to plans toplans issue to a proposed issue a proposed rule to rule to determine under the under NLRB’s the representation NLRB’s representation case case determine if revisions if revisions to Table to 1 in Table 1 in amend the amend Welding the Welding and Cutting and Cutting the standard procedures. procedures. the standard for construction for construction may may Standard Standard in construction in construction to eliminate to eliminate be appropriate. be appropriate. ABC submitted ABC submitted Additionally, Additionally, the NLRB the planned NLRB planned to to any perceived any perceived ambiguity ambiguity about about comments comments on OSHA’s on request OSHA’s request for for issue a proposed issue a proposed rule that rule establishes that establishes the definition the definition of "confined of "confined space" space"information information on Tableon 1 of Table the 1 silica of the silica standards standards under the under National the National Labor Labor that applies that to applies welding to welding activities. activities. standardstandard as part of asthe part Construction of the Construction Relations Relations Act for access Act for to access an to an OSHA isOSHA also expected is also expected to issue to a issue a IndustryIndustry Safety Coalition. Safety Coalition. employer's employer's private property. private property. proposed proposed rule withrule corrections with corrections and and amendments amendments to the August to the 2010 August final 2010 Wage final and Wage Hour and Division Hour Division Both proposals Both proposals and the and proposed the proposed rule rule standardstandard for cranes forand cranes derricks, and derricks,The Wage The and Wage Hour and Division Hour Division is is were expected were expected to be issued to beinissued June in June which includes which includes a large number a large number of ofexpected expected to issueto a request issue a request for for 2020. 2020. provisions provisions designed designed to improve to improve crane crane information information on the Family on theand Family and safety and safety reduce andworker reduceinjury worker and injury and MedicalMedical Leave Act Leave of 1993 Act of to 1993 solicitto solicit U.S. Department U.S. Department of Transportation of Transportation fatality. fatality. Additionally, Additionally, OSHA plans OSHA plans comments comments on wayson to ways improve to improve its its December In December 2020, the 2020, Federal the Federal to issue to a final issuerule a final to revise rule tothe revise the regulations regulations to bettertoprotect better and protect suitandIn suit Aviation Aviation Administration Administration plans toplans issue to issue agency’sagency’s standards standards for occupational for occupational the needs theofneeds workers of workers and reduce and reduce a final rule a final on Operations rule on Operations of Small of Small exposure exposure to beryllium to beryllium and beryllium and beryllium administrative administrative and compliance and compliance Unmanned Unmanned Aircraft Aircraft Over People, Over People, compounds compounds in the construction in the construction and and burdensburdens on employers. on employers. The The which whichamend wouldthe amend FAA’s the 2016 FAA’s 2016 shipyards shipyards industries. industries. department department plans toplans issueto the issue RFI in the RFI in would final rule final and rule allow and the allow operation the operation of of July 2020. July 2020. In August In 2020, August OSHA 2020,isOSHA expected is expected to to small unmanned small unmanned aircraft systems, aircraft systems, release arelease proposed a proposed rule clarifying rule clarifying the the is also WHD WHDproposing is also proposing a regulation a regulation or drones, or at drones, night at and night overand people over people requirements requirements for the fit forofthe personal fit of personal for determining for determining independent independent under certain under conditions certain conditions without without protective protective equipment equipment in construction. in construction. contractor contractor status under statusthe under Fair the Fair obtaining obtaining a waiver.aOn waiver. AprilOn 15, April 2019,15, 2019, Labor Standards Labor Standards Act, which Act,was which was ABC submitted ABC submitted comments comments on the on the In November In November 2020, OSHA 2020,plans OSHA toplans to expected expected to be issued to bein issued June in 2020. June 2020. FAA’s notice FAA’sofnotice proposed of proposed rulemaking, rulemaking, issue a proposed issue a proposed rule to codify rule toits codify its 22 | JULY2020
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