Lockout/tagout update now “long-term” action in latest regulatory agenda

Washington — A planned update to OSHA’s lockout/tagout standard (1910.147) has been pushed to “long-term actions” under the Department of Labor’s Spring 2023 regulatory agenda. 

The move is one of a handful of changes in the latest agenda, published June 14 by the White House Office of Information and Regulatory Affairs.

OSHA lists an August 2024 target date for a notice of proposed rulemaking regarding the Lockout/Tagout update, but those dates are often tentative. The updated rule is expected to incorporate technological advances in the control of hazardous energy.

The agency also pushed its rule on Shipyard Fall Protection (1915.71) to “long-term actions,” with an NPRM expected no earlier than November 2024. 

OSHA currently has two final rules under OIRA review – one of the final stages in the rulemaking process. One rule, Occupational Exposure to COVID-19 in Health Care Settings (1910.501), has been under review since Dec. 7. 

The other, under review since April 7, is a revised rule on injury and illness data submission (1904.41). The agency seeks to require establishments with 100 or more employees in high-hazard industries to annually submit injury and illness data from the more detailed Forms 300 and 301, in addition to Form 300A. Establishments in those same industries with 20 to 99 employees would need to submit only Form 300A. In addition, OSHA would end the electronic reporting requirement for establishments with 250 or more employees that aren’t on the list of high-hazard industries. The agency also would update its classification system that determines which industries are covered under its electronic reporting requirements, as well as require establishments to include a company name when submitting data to the agency. 

OSHA issued one final rule in the past six months, one concerning whistleblower provisions under the Taxpayer First Act of 2019, which went into effect in March. The agency also issued an interim final rule in February on whistleblower provisions under the Criminal Antitrust Anti-Retaliation Act of 2019. 

The agency rescinded its proposed rule to revoke Arizona State Plan status in February.