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Labor Department Updates Regulatory Agenda

By SHRM Online staff  12/28/2010
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The U.S. Department of Labor has posted its
semiannual agenda and will host a series of online chats in January 2011 to answer questions about upcoming regulatory changes.

The agenda is a listing of all the regulations the department expects to have under active consideration for promulgation, proposal or review during 2011.

At, visitors can watch a video message from Labor Secretary Hilda Solis and testimony from government officials, employers and employees, veterans, and nurses addressing the proposed regulations. Featured regulations, and the responsible Labor agency, include:

Injury and Illness Prevention Program (Occupational Safety and Health Administration)—OSHA is developing rulemaking that would require employers to implement Injury and Illness Prevention Programs.

Infectious Diseases (OSHA)—OSHA has developed a request for information on infectious diseases to better assess the extent of the problem and to better understand ways to protect health care workers from infectious diseases.

Safety and Health Management Programs for Mines (Mine Safety and Health Administration)—MSHA will develop a request for information to solicit feedback from the mining community on suggestions for addressing injury and illness prevention through the implementation of comprehensive safety and health management programs.

Construction Contractor Affirmative Action Requirements (Office of Federal Contract Compliance Programs)—Government contractors and subcontractors must comply with laws and regulations that ban discrimination and establish affirmative action requirements to ensure equal employment opportunity.

Right to Know (Wage and Hour Division)—The Labor Department is considering a proposed rule requiring covered employers to notify workers of their rights under the Fair Labor Standards Act and to provide information regarding hours worked and wage computation.

Amendment to Claims Procedure Regulation (Employee Benefits Security Administration)—EBSA plans to update and clarify the claims procedure requirements to enhance retirement and health benefit security and to protect workers’ rights and benefits.

Improved Fee Disclosure for Welfare Plans (EBSA)—EBSA plans to enhance retirement security and bring transparency to service provider arrangements with group health and other welfare benefit plans by ensuring that plan fiduciaries have the comprehensive information they need to assess the reasonableness of the compensation being paid for plan services, as well as to assess potential conflicts of interest on the part of plan service providers.

Interpretation of the “Advice” Exemption of Section 203(c) of the Labor-Management Reporting and Disclosure Act (Office of Labor-Management Standards)—OLMS plans to publish a notice of proposed rulemaking to narrow the application of the “advice exemption” in section 203(c) of the Labor-Management Reporting and Disclosure Act.

Application of the Fair Labor Standards Act to Domestic Service (Wage and Hour Division)—This notice of proposed rulemaking concerning workers who provide companionship services will support the secretary of labor’s goals of securing minimum wages and overtime.

H-2B (Employment & Training Administration)—The Labor Department believes that there are insufficient worker protections in the current attestation-based labor certification model. The proposed rule will address the issue of U.S. worker access to the jobs for which employers seek H-2B workers through a re-engineered program design that focuses on enhanced U.S. worker recruitment and strengthened worker protections.

For fact sheets and related materials on each item on the regulatory agenda, visit

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