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CRA against an OSHA rule occurred in 2017 when Congress and Donald J. Trump revoked the agency's "Continuing Violation Rule," which allowed the agency to issue paperwork citations past the 180-day statute of limitations where the standard required records to be maintained for a longer period. erefore, the Biden Administration's new agenda lays out the workplan for the next 12 months, which is what OSHA thinks can be accomplished during the remainder of this presidential term. ere are two dozen individual items on the December 2023 agenda, although some pertain to OSHA's authority to enforce the whistleblower protection provisions of the Environmental Protection Agency, the US Department of Transportation, and the Securities and Exchange Commission, and so do not pertain to workplace safety. ere are also four items on the regulatory agenda of the Mine Safety and Health Administration (MSHA), which regulates health and safety at mines including cement and alumina plants; some asphalt operations; sand, gravel and stone quarries; in addition to traditional coal and metal mines. One of those pending rules—the new Safety Program for Surface Mobile Equipment standard—would impact NWPCA members who deliver/pickup pallets or transport palletized goods to such worksites. It is expected to be released any day, taking effect in early 2024. It covers both off-road and over-the-road equipment, impacts delivery drivers who will need to do MSHA-based inspections of all motorized equipment brought to the site, and requires a written maintenance program for such equipment, task training, and more. All of the agenda items are listed on the following table, with major rules of potential impact to NWPCA highlighted. Note that the workplace violence rule is listed—even though constrained to the health care and social services sector at the present time—because there have been calls by unions to expand the scope of this rule in the wake of so many recent workplace shootings outside this sector. DOL/OSHA Pre-rule Stage Process Safety Management and Prevention of Major Chemical Accidents 1218-AC82 DOL/OSHA Pre-rule Stage Mechanical Power Presses Update 1218-AC98 DOL/OSHA Pre-rule Stage Prevention of Workplace Violence in Health Care and Social Assistance 1218-AD08 DOL/OSHA Pre-rule Stage Blood Lead Level for Medical Removal 1218-AD10 DOL/OSHA Pre-rule Stage Heat Illness Prevention in Outdoor and Indoor Work Settings 1218-AD39 DOL/OSHA Proposed Rule Stage Infectious Diseases 1218-AC46 DOL/OSHA Proposed Rule Stage Amendments to the Cranes and Derricks in Construction Standard 1218-AC81 DOL/OSHA Proposed Rule Stage Communication Tower Safety 1218-AC90 DOL/OSHA Proposed Rule Stage Emergency Response 1218-AC91 DOL/OSHA Proposed Rule Stage Lock-Out/Tag-Out Update 1218-AD00 DOL/OSHA Proposed Rule Stage Tree Care Standard 1218-AD04 DOL/OSHA Proposed Rule Stage Welding in Construction Confined Spaces 1218-AD23 DOL/OSHA Proposed Rule Stage Personal Protective Equipment in Construction 1218-AD25 DOL/OSHA Proposed Rule Stage Powered Industrial Trucks Design Standard Update 1218-AD26 DOL/OSHA Proposed Rule Stage Walking Working Surfaces 1218-AD28 DOL/OSHA Proposed Rule Stage Occupational Exposure to Crystalline Silica: Revisions to Medical Surveillance Provisions for Medical Removal Protection 1218-AD31 DOL/OSHA Proposed Rule Stage Worker Walkaround Representative Designation Process 1218-AD45 DOL/OSHA Final Rule Stage Update to the Hazard Communication Standard 1218-AC93 DOL/OSHA Final Rule Stage Procedures for Handling of Retaliation Complaints Under the Whistleblower Protection Statutes 1218-AD30 DOL/OSHA Final Rule Stage Occupational Exposure to COVID-19 in Healthcare Set-tings 1218-AD36 DOL/OSHA Final Rule Stage Procedures for the Handling of Retaliation Complaints Under the Anti-Money Laundering Act 1218-AD37 DOL/OSHA Final Rule Stage Procedures for the Handling of Retaliation Complaints Under the Criminal Antitrust Anti-Retaliation Act 1218-AD38 DOL/OSHA Final Rule Stage Improve Tracking of Workplace Injuries and Illnesses 1218-AD40 DOL/OSHA Final Rule Stage Procedures for the Use of Administrative Subpoenas 1218-AD44 DOL/MSHA Proposed Rule Stage Alternatives to Petitions for Modification: Non- Permissible Surveying Equipment 1219-AB89 DOL/MSHA Final Rule Stage Respirable Crystalline Silica 1219-AB36 DOL/MSHA Final Rule Stage Safety Program for Surface Mobile Equipment 1219-AB91 DOL/MSHA Final Rule Stage Testing, Evaluation, and Approval of Electric Motor- Driven Mine Equipment and Accessories 1219-AB93 Table 1: New Regulatory Agenda By OSHA

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