By Lowell Randel, IIAR Government Affairs Director

As the Trump Administration enters the second half of its first year, efforts continue to reform the structure and operation of the federal government. President Trump signaled deregulation would be a priority for his administration early in his term with the signing of an Executive Order entitled “Unleashing Prosperity Through Deregulation.”

In his first term, President Trump implemented aggressive deregulation efforts by mandating that two federal regulations be eliminated for each new rule issued. The President has directed federal agencies to take an even bolder step by eliminating ten existing regulations for every new rule. Since the signing of the order, federal agencies have begun the process of identifying regulatory changes.

The Department of Labor is undertaking efforts to reduce the regulatory burden on industry, including several actions specific to the Occupational Safety and Health Administration (OSHA) that could impact the industrial refrigeration industry. On July 1st, Secretary of Labor Lori Chavez Deremer announced the Department’s initial deregulatory efforts, which aim to cut regulatory burdens, spur job creation, and fuel economic opportunity for American workers and businesses. The Department’s plan includes 63 deregulatory actions aimed at reversing costly and burdensome rules.

By comparison, the Department of Labor took 37 deregulatory actions in President Trump’s first term. The 63 actions taken by DOL cover a wide variety of policy areas, and many will require completing the notice and comment rulemaking process, which can be lengthy. Other actions can go into effect immediately.

While none of the actions are specific to the industrial refrigeration industry, below are several actions that could be of interest to IIAR members:

Revising Respiratory Protection Requirements – OSHA has also proposed a rule that would remove medical evaluation
requirements for filtering facepiece respirators (FFR) and loose-fitting powered air-purifying respirators (PAPR). In justifying the proposal, OSHA has made a preliminary determination that using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee. Medical evaluations are currently required for all respirators.

Withdrawal of OSHA 300 Log Proposal – OSHA has withdrawn a proposed rule to amend the OSHA 300 Log by requiring employers to record work-related musculoskeletal disorders. The move signals a departure from focusing on ergonomics. Other aspects of the OSHA 300 Log and reporting requirements would not change.

Limiting General Duty Clause Violations – OSHA is proposing to clarify its interpretation of the General Duty Clause to exclude from enforcement known hazards that are inherent and inseparable from the core nature of a professional activity or performance. If finalized, the new rule would codify the principle that the General Duty Clause does not authorize OSHA to prohibit, restrict, or penalize inherently risky activities that are intrinsic to professional, athletic, or entertainment occupations. While the rule is focused on industries other than industrial refrigeration, it is worth noting the potentially broader implications for how the agency may approach the General Duty Clause moving forward.

Rescinding Construction Illumination Rule – Another proposed rule would rescind OSHA’s construction illumination requirements (29 CFR 1926.26 and 1926.56), which require construction areas, aisles, stairs, ramps, runways, corridors, offices, shops, and storage areas where
work is in progress to be lighted with either natural or artificial illumination.

OSHA said it is proposing this removal because it “does not reduce a significant risk to workers.” In addition to the deregulatory actions, the Department of Labor and OSHA are taking other actions to reduce burdens on employers. On June 2nd, the Department announced the launch of its opinion letter program, which is intended to provide meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations.

The effort will impact various parts of the DOL, including OSHA, Wage and Hour Division, and the Employee Benefits Security Administration. Opinion letters provide official written interpretations from the Department’s enforcement agencies, explaining how laws apply to specific factual circumstances presented by individuals or organizations. DOL has stated that opinion letters are an important tool in ensuring workers and businesses alike have access to clear, practical guidance.

OSHA has also recently updated its guidance on penalty and debt collection procedures in the Field Operations Manual in an effort to minimize the burden on small businesses and increase prompt hazard abatement. The new policy, outlined in the Penalties and Debt Collection section of OSHA’s Field Operations Manual, increases penalty reductions for small employers, making it easier for small businesses to invest resources in compliance and hazard abatement.

Under past policies, only businesses with 10 or fewer employees were eligible for a penalty reduction level of up to 70 percent. The new policy will expand eligibility to include businesses that employ up to 25 employees. Employers who immediately take steps to address or correct a hazard would be eligible for a 15 percent penalty reduction.

Additionally, the updated policy expands the penalty reduction for employers without a history of serious, willful, repeat, or failure to-abate OSHA violations. Under OSHA’s revised policy, employers who have never been inspected by federal OSHA or an OSHA State Plan, as well as employers who have been inspected in the previous five years and had no serious, willful, or failure to-abate violations, are eligible for a 20 percent penalty reduction.

The DOL and OSHA actions are just a part of the Trump Administration’s efforts to advance regulatory reforms across the federal government. IIAR will continue to actively monitor deregulatory actions and opportunities and keep members updated on developments.