ua14no94 DEPARTMENT OF TRANSPORTATION (DOT)...

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DEPARTMENT OF LABOR (DOL)
1994 Regulatory Plan
Executive Summary
In the preamble of Executive Order 12866, President Clinton states that 
the American people deserve a system of government regulations that 
works for them; one that protects and improves their health, safety, 
environment, and well-being and improves the performance of the economy 
without imposing undue burden on society. The Department of Labor plays 
a major role in achieving this very important goal of the President.
The Department of Labor is one of the largest enforcement agencies 
within the U.S. Government, administering and enforcing over 180 
Federal statutes and their implementing regulations. These regulations 
cover an estimated 7 million establishments and over 100 million 
current and former employees, as well as job applicants and retirees.
DOL's 1994 Regulatory Plan includes 21 of the Department's most 
important significant regulations from five of our major regulatory 
agencies: Employment Standards Administration (ESA), Occupational 
Safety and Health Administration (OSHA), Pension and Welfare Benefits 
Administration (PWBA), Employment and Training Administration (ETA), 
and Mine Safety and Health Administration (MSHA). These regulations 
were selected because of their significant impact on the economy or 
other government agencies and because they comprise the essential 
elements of each agency's regulatory efforts. While these regulations 
represent those that are likely to have the greatest impact, it is 
important to note that the Department views every regulatory effort it 
undertakes as important and necessary.
Equally important to our regulatory responsibilities is the way that we 
regulate. As a Department, we are committed to regulatory policies that 
acknowledge the importance of the private sector and private markets. 
Our goal is to develop regulations that are effective, consistent, 
sensible and understandable. To this end, we are committed to 
coordinating with other government agencies and working closely with 
target populations and the regulated community whenever appropriate.
The DOL Regulatory Role
The Department of Labor's rulemaking work represents one of the most 
important and necessary functions of the U.S. Government. These 
rulemakings directly impact the lives of millions of workers in a wide 
variety of areas as evidenced by the diverse statutes the Department 
administers. The Department is charged with the responsibility for 
protecting America's work force under the Occupational Safety and 
Health Act and the Federal Mine Safety and Health Act. The Department 
is also charged with enforcing a number of statutes pertaining to labor 
standards for workers, such as the Fair Labor Standards Act, the 
Migrant and Seasonal Agricultural Worker Protection Act, the Employee 
Polygraph Protection Act, the Family and Medical Leave Act, and certain 
provisions of the Immigration Reform and Control Act. Among these labor 
standards are those that guarantee minimum wages and overtime premium 
payments, protect child labor, set minimum working conditions for 
agricultural workers and guarantee family leave to workers for the 
birth or adoption of a child, or if the workers or their family members 
experience a serious health condition. Other labor statutes are 
narrower in scope and relate only to those working for government 
contractors (such as the Davis-Bacon and Related Acts and the McNamara-
O'Hara Service Contract Act) or to certain groups of employees (like 
the Federal Employees' Compensation Act or the Black Lung Benefits 
Act).
DOL has also undertaken rulemaking related to laws such as the Job 
Training Partnership Act and the Trade Adjustment Assistance programs 
that provide essential job training services to workers who are just 
entering the job market or who are dislocated. Lastly, the Department 
is charged with enforcing the nondiscrimination and affirmative action 
requirements of Executive Order 11246 and a number of statutes such as 
sections 503 and 504 of the Rehabilitation Act, and section 481 of the 
Job Training Partnership Act. Through these regulations, DOL seeks to 
ensure that Federal contractors and certain Federal grant recipients 
provide a level playing field to all applicants, employees and program 
participants.
In addition, workers and beneficiaries are protected through the 
Department's efforts to monitor pension and welfare plans (including 
group health plans) under the Employee Retirement Income Security Act. 
In order to carry out this responsibility, DOL regulations spell out 
the standards and requirements that must be met by plan administrators 
and fiduciaries. DOL is also responsible for overseeing certain aspects 
of the internal affairs of labor organizations under the Labor-
Management Reporting and Disclosure Act.
Administration of each of these statutes requires the promulgation of 
rules that explain to the affected community exactly what their 
responsibilities are.
DOL's Regulatory Priorities
Given the Department's extensive mandate, our regulatory plan was 
developed around essential regulations necessary to assure American 
workers healthy, safe and fair working conditions. One of the highest 
priorities for the Department is for OSHA to issue its building-block 
standards on exposure assessment, medical surveillance, safety and 
health programs, ergonomics, and recordkeeping. These proposals will 
address multiple hazards present in most workplaces in a generic 
fashion. They are essential to OSHA's standard-setting priorities 
because they will address the potential occupational hazards facing the 
majority of America's work force.
Other important priorities are the proposed amendments to the 
regulations implementing Executive Order 11246 to ensure 
nondiscrimination and affirmative action obligations, to the 
regulations pertaining to child labor and the exemption from minimum 
wage and overtime rules for executive, administrative and professional 
employees under the Fair Labor Standards Act. MSHA will also address 
the need to update the Agency's existing standards on exposure to 
potentially harmful chemical substances and to noise, and will develop 
criteria for the approval of diesel-powered equipment in underground 
mines.
The Department's regulatory plan also reflects the Administration's 
commitment to employment and training. We are focusing on building a 
reemployment system that includes the following features: high quality 
and longer-term training, a focus on customers and feedback from them, 
simplified access to programs and services, and better quality 
information on labor markets and on the performance of service 
providers. During the coming year, ETA and the Veterans Employment and 
Training Service (VETS) will review existing regulations in areas where 
Administration legislative initiatives, such as the proposed 
Reemployment Act, will necessitate regulations being revised, replaced, 
or repealed. Where possible, new and revised regulations will attempt 
to incorporate the features and key principles of the new reemployment 
system. One specific rule being developed by the Department that 
incorporates some features of the new reemployment system is the 
proposed rule to implement amendments to the Trade Act made by Title V 
of the North American Free Trade Agreement Implementation Act.
Regulating in a Smart Way
As a major regulatory agency, DOL recognizes the importance of 
regulating in a smart way. The Department upholds the objectives of the 
Executive Order 12866 to enhance planning and coordination with respect 
to both new and existing regulations and to make the regulatory process 
more accessible to the public. Already, we have made significant 
strides in this area.
The building-block standards proposed by OSHA represent a good example 
of regulating in a smart way. By addressing multiple hazards in a 
generic fashion, these proposals will ensure consistency across 
regulations. For instance, Section 6(b) of the OSH Act requires, where 
appropriate, that OSHA standards include provisions for exposure 
monitoring. Currently, a variety of substance-specific standards 
include requirements for exposure monitoring while hundreds of 
substances in OSHA's Z-tables have no such requirement. A generic 
standard for exposure assessment would satisfy section 6(b)(7) of the 
Act, with respect to Z-table substances in the Air Contaminants 
Standards (29 CFR 1910.1000).
Another example of regulating in a smart way is OSHA's review of 
certain existing standards. For instance, OSHA plans to issue a 
revision to its outdated walking and working surfaces standard with a 
performance-oriented final standard, which will permit more flexibility 
in compliance. OSHA is also utilizing negotiated rulemaking as an 
alternative regulatory approach to address the hazards of steel 
erection.
Similar examples can be found in other areas of the Department. ESA's 
proposal to amend Executive Order 11246 will streamline, clarify and 
reduce paperwork requirements associated with compliance. The Mine 
Safety and Health Administration will soon publish a proposed rule on 
Testing and Evaluation of Mining Products by Independent Laboratories 
and Use of Equivalent Approval Requirements. As recommended by the 
National Performance Review, this rule will allow certain mining 
equipment and products to be tested and approved by nationally 
recognized independent laboratories. This rule benefits from a proper 
use of the private sector to permit the agency to shift resources 
toward product audits in the field.
Regulations Included in the Plan
Twenty-one regulations are included in DOL's 1994 Regulatory Plan. 
These regulations acknowledge DOL's important role in rulemaking and 
the importance of regulating in a smart way. As previously mentioned, 
these regulations were also selected because of their significant 
impact on the economy or other Government agencies. A detailed 
description for each follows.
_______________________________________________________________________
DOL--Employment Standards Administration (ESA)
            ___________________________________________________________
PRERULE STAGE
            ___________________________________________________________
95. CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION 
(ESA/W-H)
Legal Authority:


 29 USC 203


CFR Citation:


 29 CFR 570


Legal Deadline:


None


Abstract:


Section 3(1) of the Fair Labor Standards Act requires the Secretary of 
Labor to issue regulations with respect to minors between 14 and 16 
years of age ensuring that the periods and conditions of their 
employment do not interfere with their schooling, health, or well-
being. The Secretary also is directed to designate occupations that may 
be particularly hazardous for minors 16 and 17 years of age. Child 
Labor Regulation No. 3 sets forth the permissible industries and 
occupations in which 14- and 15-year-olds may be employed, and 
specifies the number of hours in a day and in a week, and time periods 
within a day, that such minors may be employed. The Department has 
invited public comment in considering whether changes in technology in 
the workplace and job content over the years require new hazardous 
occupations orders, and review of some of the applicable hazardous 
occupation orders and the method of their promulgation. Comment has 
also been solicited on whether revisions should be considered in the 
permissible hours and time of day standards for 14- and 15-year-olds. 
Comment has also been sought on appropriate changes required to 
implement school-to-work transition programs.


Statement of Need:


Because of changes in the workplace and the introduction of new 
processes and technologies, the Department is undertaking a 
comprehensive review of the regulatory criteria applicable to child 
labor. Other factors necessitating a review of the child labor 
regulations are changes in places where young workers find employment 
opportunities, the existence of differing Federal and State standards, 
and the divergent views on how best to correlate school and work 
experiences.


Under the Fair Labor Standards Act, the Secretary of Labor is directed 
to provide by regulation or by order for the employment of youth 
between 14 and 16 years of age under periods and conditions which will 
not interfere with their schooling, health and well-being. The 
Secretary is also directed to designate occupations that may be 
particularly hazardous for youth between the ages of 16 and 18 years or 
detrimental to their health or well-being. The Secretary has done so by 
specifying, in regulations, the permissible industries and occupations 
in which 14- and 15-year-olds may be employed, and the number of hours 
per day and week and the time periods within a day in which they may be 
employed. In addition, these regulations designate the occupations 
declared particularly hazardous for minors between 16 and 18 years of 
age or detrimental to their health or well-being.


Public comment has been invited in considering whether changes in 
technology in the workplace and job content over the years require new 
hazardous occupation orders or necessitate revision to some of the 
existing hazardous orders. Comment has also been invited on whether 
revisions should be considered in the permissible hours and time-of-day 
standards for the employment of 14- and 15-year-olds, and whether 
revisions should be considered to facilitate school-to-work transition 
programs. When developing regulatory proposals (after receipt of public 
comment on the advance notice of proposed rulemaking), the Department's 
focus will be on assuring healthy, safe and fair workplaces for young 
workers, and at the same time making regulatory standards less 
burdensome to the regulated community.


Alternatives:


Full regulatory alternatives will be developed after receipt and 
analysis of the public comments responding to the advance notice of 
proposed rulemaking. Alternatives likely to be considered include 
specific additions or modifications to the hazardous occupation orders 
and changes to the hours 14- and 15-year-olds may work.


Anticipated Costs and Benefits:


Preliminary estimates of the anticipated costs and benefits of this 
regulatory action will be developed once decisions are reached on 
particular proposed changes in the child labor regulations. Benefits 
will include safer working environments and fewer injuries to young 
workers.


Risks:


An assessment of the magnitude of the risk addressed by this action and 
how it relates to other risks within the jurisdiction of DOL will be 
prepared once decisions are reached on particular proposed changes in 
the child labor regulations.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Final Action on 56 FR 5862612                                  11/20/91
Final Action Eff56 FR 58626                                    12/20/91
ANPRM           59 FR 25167                                    05/13/94
ANPRM Comment Pe59 FR 40318                                    10/11/94
NPRM                                                           05/00/95
Small Entities Affected:


Undetermined


Government Levels Affected:


Undetermined

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