Federal agencies slipped their regulatory agendas (available at http://resources.regulations.gov/public/component/main?__dmfClientId=1401406622446&__dmfTzoff=240) quietly out the door May 23, on the eve of the Memorial Day holiday weekend. MSHA’s agenda indicates the agency expects a proposed rule to amend its civil penalty rules and final rule on proximity detection devices for coal mine continuous mining machines to be released at any time. A proposal on proximity detection devices in underground mines will be issued in September. 

OSHA expects to release final rules on revised reporting requirements this month, confined spaces in construction in August, and slip, trip and fall prevention in October. A proposed rule on beryllium will appear in July, and a combined proposed rule/direct final rule in September to update its eye-and-face protection standard to incorporate a consensus standard. Notably, MSHA has put aside, at least for now, a rule to regulate crystalline silica, while OSHA has scheduled a proposed injury and illness prevention programs rule for “long-term action.”