On July 1, U.S. Department of Labor Secretary Lori Chavez-DeRemer announced deregulatory efforts aimed at reversing costly and burdensome rules and spurring job creation and economic opportunity for American workers and businesses. 

“The Department of Labor’s actions are unprecedented, slashing more than 60 obsolete and burdensome regulations impacting American workers,” said Deputy Secretary of Labor Keith Sonderling. “While the previous administration prioritized expanding the size of government over job and wage growth, President Trump is focused on unleashing the greatest economic comeback in American history. We are proud to stand with this Administration to deliver economic security for working families by eliminating job-killing and inflation-driving red tape.”

President Donald Trump’s executive order, Unleashing Prosperity through Deregulation, directed federal agencies to eliminate 10 existing regulations for every new rule. 
 

ABC is currently reviewing the below DOL deregulatory actions and will provide more details in ABC’s Regulatory Roundup:

Office of the Secretary

• Direct Final Rule: 
  • Rescission of Nondiscrimination and Equal-Opportunity Provisions of the Workforce Investment Act. The DOL is rescinding its regulations implementing the Workforce Investment Act of 1998 containing the nondiscrimination and equal-opportunity provisions of WIA. In 2014, Congress passed the Workforce Innovation and Opportunity Act, which repealed WIA and required the secretary of labor to transition any authority under WIA to the system created by the WIOA. The DOL is taking this action to remove regulations for a program that is no longer operative. The final rule is effective Sept. 2 unless significant adverse comments are received by July 31.

Employment and Training Administration

• Proposed Rule:
  • Prohibiting Illegal Discrimination in Registered Apprenticeship Programs. The DOL is issuing this proposed rule to remove undue regulatory burdens on registered apprenticeship program sponsors. The proposal would rescind certain regulatory provisions that the agency believes are unlawful. It also includes conforming, technical changes to the DOL’s regulation that addresses Labor Standards for the Registration of Apprenticeship Programs. This proposed rule would streamline and simplify sponsors' obligations, while maintaining broad and effective nondiscrimination protections for apprentices and those seeking entry into apprenticeship programs. The deadline for comments is Sept. 2.

Occupational Safety and Health Administration

• Final Rule:
  • Construction Standards: Advisory Committee on Construction Safety and Health. This final rule revokes 29 CFR 1911.10, which required the assistant secretary for Occupational Safety and Health, who heads OSHA, 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, and 29 CFR 1912.3, the general OSHA regulations governing ACCSH. This final rule also makes corresponding changes to 29 CFR 1911.11, 29 CFR 1911.15, 29 CFR 1912.8 and 29 CFR 1912.9. OSHA is revoking 29 CFR 1911.10 and 29 CFR 1912.3 because these regulations impose requirements on the assistant secretary that are more burdensome than those mandated by statute, and compliance with these regulations would needlessly delay the secretary of labor’s regulatory agenda. According to the DOL, these changes will ensure that ACCSH is able to advise the secretary on potential regulatory actions without adversely affecting the agency’s regulatory timeline. The final rule went into effect July 1.

Proposed Rules:

• Amending the Medical Evaluation Requirements in the Respiratory Protection Standard for Certain Types of Respirators. OSHA is proposing to remove some medical evaluation requirements in the Respiratory Protection Rule for certain types of respirators. This proposed change would only impact filtering facepiece respirators and loose-fitting powered air-purifying respirators. The deadline for comments is Sept. 2. 
• Occupational Exposure to COVID-19 in Healthcare Settings. OSHA is proposing to remove OSHA’s COVID-19 Emergency Temporary Standard and its associated recordkeeping and reporting provisions from the Code of Federal Regulations. The deadline for comments is Sept. 2. 
• Construction Illumination. The intent of this proposed rule is to remove from the Code of Federal Regulations OSHA's Construction Illumination Standard, 29 CFR 1926.26 and 1926.56. OSHA's Illumination Standard, 29 CFR 1926.26, requires that 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. The minimum illumination requirements for work areas are contained in Subpart D, 29 CFR 1926.56. OSHA proposes to remove the Construction Illumination Standard because it has determined that the standard is not reasonably necessary or appropriate under section 3(8) of the OSH Act, 29 U.S.C. 652, because it does not reduce a significant risk to workers. The deadline for comments is Sept. 2. 
• Asbestos. This proposed rule revises some substance-specific respirator requirements to allow different types of respirators to be used under OSHA's asbestos standards and better aligns these standards with OSHA's Respiratory Protection standard. The deadline for comments is Sept. 2.
• Lead. This proposed rule revises some substance-specific respirator requirements to allow different types of respirators to be used under OSHA’s lead standards and better aligns the standards with OSHA's Respiratory Protection standard. The deadline for comments is Sept. 2. 
• Vinyl Chloride. This proposed rule removes language in OSHA’s Vinyl Chloride standard that is duplicative with OSHA’s Respiratory Protection standard. The deadline for comments is Sept. 2. 

Withdrawal of Proposed Rule:

• Occupational Injury and Illness Recording and Reporting Requirements; Withdrawal. OSHA is withdrawing the proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related musculoskeletal disorders. Withdrawal of the proposal does not change any employer's obligation to complete and retain occupational injury and illness records under OSHA's regulations. Withdrawal of the proposal also does not change the recording criteria or definitions used for these records. The withdrawal went into effect on July 1.

Office of Labor-Management Standards

Proposed Rule:

• Filing Thresholds for Forms LM-2, LM-3, and LM-4 Labor Organization Annual Reports. This proposed rule revises the filing thresholds in 29 CFR 403.4(a) for the Forms LM-2, LM-3 and LM-4 Labor Organization Annual Reports. In this proposed rule, the DOL proposes to increase each filing threshold to higher values: labor organizations with $450,000 or more in annual receipts must file Form LM-2; those with less than $450,000 may choose to file Form LM-3; and those with less than $25,000 may choose to file Form LM-4. According to the DOL, these increases are necessary to reflect economic changes and reduce unnecessary reporting burdens on labor organizations whose total receipts, prior to adjusting for inflation, should not necessitate greater filing requirements. The deadline for comments is July 31. 

Please continue to monitor Newsline and ABC’s Regulatory Roundup for future updates on regulatory actions.