DOL Publishes Spring 2022 Regulatory Agenda

On June 21st, 2022, the U.S. Department of Labor (DOL) published its Spring 2022 regulatory agenda as a part of the Biden-Harris administration’s semiannual Unified Agenda of Regulatory and Deregulatory Actions. As required by Executive Order 12866, the administration’s agenda contains a comprehensive list of agency regulations under active consideration within the coming year, as well as long-term regulatory actions. In addition, the agenda allows the public to be engaged in the regulatory process. The DOL’s Spring 2022 regulatory agenda includes a proposed rule to improve the tracking of workplace injuries and illnesses. This proposed rule comes after the Occupational Safety and Health Administration (OSHA) announced its enforcement program to track failures to submit injury and illness data in April 2022.

Overview of the Spring 2022 Regulatory Agenda

The DOL’s Spring 2022 regulatory agenda represents regulatory actions in various stages of rule-setting. According to the DOL, each individual rule supports its Good Jobs Initiative. In brief, the Good Jobs Initiative strives to provide employment information to workers, employers, and the government. Its purpose is to better the workplace and the job market. It focuses on improving job quality and ensuring access to good jobs without discrimination or harassment.

Notable Planned Regulations

Besides the proposed heat-related illness rule, the Spring 2022 regulatory agenda includes planned regulations covering infrastructure jobs and registered apprenticeships. Finally, the DOL is finalizing a regulation to modernize how it implements the Davis-Bacon Act. The following are brief overviews of some proposed rules:

• Updating the Davis-Bacon and Related Acts Regulations (1235-AA40) – Entering the final rule stage, this regulation would update how the DOL implements the Davis-Bacon Act (DBA). Specifically, it would provide greater clarity and effectiveness for the modern economy. Enacted in 1931, the DBA requires that specified laborers and mechanics receive the locally prevailing wage and fringe benefits.
• Infectious Diseases (1218-AC46) – In the proposed rule stage, OSHA’s Infectious Disease rule examines enhanced control measures to protect certain employees from disease-causing pathogens. This includes both long-standing and novel diseases. Affected industries would include health care, emergency response, and other settings that carry a high risk of exposure. In general, though, all employers with workers who are exposed to animals or people should recognize such biological hazards among common workplace hazards to address in the workplace.
• Improve Tracking of Workplace Injuries and Illnesses (1218-AD40) – This proposed rule would amend OSHA’s recordkeeping regulation. Amendments would require certain establishments to electronically submit information from OSHA Forms 300 and 301 once a year. In addition, the rule would adjust which establishments need to submit OSHA Form 300A data.

Overall, the DOL believes its Spring 2022 regulatory agenda supports several Biden-Harris administration priorities for American workers. Assistant Secretary for Policy Raj Nayak stated, “the agenda that we published today … builds on the strides we have made throughout this recovery to bring equity, security, and a voice on the job to workers, the people who make our economy thrive.”