Feds set groundwork for sustained Labor, EPA rule, regulation roll back

Sources: Associated Builders & Contractors (ABC), Washington, D.C.; CP staff

ABC Government Affairs staff has assessed the Trump Administration’s recently released 2017 regulatory agenda, noting the prospect for significant relief from rules or measures the Department of Labor and Environmental Protection Agency adopted under President Barack Obama.

The agenda spells Labor Department actions to immediately or eventually remove “many rules.” The agency recently issued a Request For Information (RFI) on the overtime rule, a likely first step in issuing a revised proposed overtime exemption rule and subject to public comments through September 25. Additionally, the agency has issued a proposal to rescind the persuader rule, officially named “Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act.”

On the agenda for October is a proposal to reconsider, revise, or remove provisions of the Improve Tracking of Workplace Injuries and Illnesses final rule. Other OSHA rules on the agenda include: Crane Operator Qualification in Construction – Proposed Rule; Standards Improvement Project IV – Final Rule, September 2017; Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection, October 2017; Lock-Out/Tag-Out Update – Request for Information, April 2018; and, Amendments to the Cranes and Derricks in Construction Standard – Long Term Action.

Labor officials have also listed a proposed rule, “Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations,” for May 2018 release. It will advance President Trump’s Executive Order 13801, “Expanding Apprenticeships in America,” to create a system for industry-recognized programs and look beyond current government-defined apprenticeship parameters.

Rounding out the Trump Administration’s first regulatory agenda are near- and long-term EPA actions or proposed rules, respectively, surrounding “Waters of the United States” and “Lead: Renovation, Repair, and Painting Program for Public and Commercial Buildings.”

 

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