Proposed Recissions of OSHA Regulations OSHA is proposing to remove regulations relating to:
• Farm Labor Enforcement Coordination. A proposed rule would remove regulations issued in 1980 that establish the DOL’s internal procedures for the coordination of enforcement activities by OSHA, the Wage and Hour Division (WHD), and the Employment and Training Administration (ETA) relating to migrant farmworkers. The DOL said that it believes rescinding 29 CFR part 42 in its entirety would be a “reasonable and effective means of maintaining its responsibilities for coordinated enforcement, while improving efficiencies and removing unnecessary restrictions on the Department.” Migrant Farmworker Protections Remain a DOL Priority. The agency noted in its proposed rule that “the need for coordinated migrant farmworker labor law enforcement for the protective statutes has not changed and continues to be a priority for the Department.” • Construction Illumination. Another proposed rule would rescind OSHA’s construction illumination requirements (29 CFR 1926.26 and 1926.56), which require construction areas, aisles, stairs, ramps, runways, corridors, offices, shops, and storage areas where work is in progress are lighted with either natural or artificial illumination. OSHA said it is proposing this removal because it “does not reduce a significant risk to workers.” • COVID-19 Recordkeeping and Reporting in Healthcare Settings . OSHA is proposing to remove the COVID-19 Emergency Temporary Standard, including recordkeeping and reporting provisions that are still in effect.
Final Revocation of Regulations and Withdrawal of a Proposed Rule
• Revocation of Rulemaking Procedures for Construction Standards. Effective July 1, OSHA revoked a final regulation that required its Assistant Secretary to consult with the Advisory Committee on Construction Safety and Health in the formulation of rules to promulgate, modify, or revoke standards applicable to construction work. The agency cited the DOL’s “interest in moving forward quickly with deregulatory actions” as the reason for the revocation. • OSHA 300 Log Proposal Withdrawn . OSHA withdrew a longtime proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related musculoskeletal disorders. Withdrawing this proposal does not change any aspect of an employer’s reporting obligations; it merely means the proposed column will not go into effect. The withdrawal took effect July 1. What Should Employers Do? Stay tuned to these developments. Employers in affected industries should also submit comments to OSHA on these rules and consider reaching out to the FP Advocacy team to help best strategies for having your voice heard. As just one example, employers in the sports, entertainment, and
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