According to NGFA, the Biden administration on Jan. 4 released its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions, which provides a complete list of all regulatory actions that are under active consideration for promulgation, proposal, or review and covers regulatory actions for more than 60 federal departments, agencies, and commissions.

The Regulatory Agenda for the Department of Labor includes the following regulatory actions specific to the grain, feed and processing industry: Emergency Response, Hazard Communication, Lockout/Tagout, Powered Industrial Trucks, and Walking Working Surfaces.

Priority issues for OSHA include:

• COVID-19. The final COVID-19 standard applicable to healthcare workplaces was targeted for December 2022. The standard is currently being reviewed.
• Heat Illness Prevention in Outdoor and Indoor Work Settings. OSHA will initiate a Small Business Review Panel in January 2023 to review the economic impact of the proposed rule on small businesses. NGFA has participated in similar panels and will volunteer for the heat illness panel.
• Infectious diseases. A proposal addressing workplace infectious disease hazards (such as COVID-19, Severe Acute Respiratory Syndrome [SARS], tuberculosis, chickenpox, shingles, and measles) is not expected until May 2023.
• Improve Tracking of Workplace Injuries and Illnesses. In March 2023 the agency will add requirements that were rescinded in the Trump administration regarding electronic submission of employer summary data and individual employee injury and illness data. NGFA submitted comments in 2022 that noted: “Electronic submission and public posting of this data serves only to put employers at risk for improper disclosure, mischaracterization of the data and release of sensitive employer as well as employee information.” The comments further stated that OSHA fails to provide “any evidence to show that its previous collection and disclosure of summary injury and illness data resulted in the ‘reduction of occupational injuries and illnesses’ which it predicts the current rulemaking will achieve.”

The regulatory agenda also includes the Worker Walkaround Representative Designation Process proposed rule, which is expected to be published in May 2023.

OSHA also announced its plans to issue an interim final rule in June 2023 on the use of administrative subpoenas. An administrative subpoena is a tool that an agency can use to compel testimony or documents.

Finally, the COVID-19 vaccination and testing ETS for industries other than healthcare remains a “long-term” action item for the agency, likely indicating that this rulemaking will not be moving forward.