On Oct. 17, the Trump Administration released its and . The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and in 2019.

Additionally, the administration on the implementation of President Trump’s , “Reducing Regulation and Controlling Regulatory Costs,” which requires agencies to eliminate two existing regulations for every new regulation and offset any new regulatory costs. They announced that they achieved historic and meaningful regulatory reform, issuing 12 deregulatory actions for every one new regulatory action, saving American families and business owners $23 billion in fiscal year 2018. 

U.S. Department of Labor

The DOL announced its plans to continue to revise many of the burdensome rules issued under the Obama administration as well as issue new regulatory proposals that impact the construction industry.

This week, the DOL released two proposed rules listed on the department’s agenda. The first, , would make it easier for small businesses to offer retirement savings plans to their workers through Association Retirement Plans, which would allow small businesses to band together to offer 401(k) plans to their employees. The second , jointly issued with the Department of Health and Human Services and the Department of Treasury, would expand the availability of affordable health insurance for hardworking Americans by increasing the usability of .

In December 2018, the DOL Employment and Training Administration plans to issue a , Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations. This proposed rule comes at the instruction of President Trump’s , “Expanding Apprenticeships in America,” which asks the secretary of labor, in consultation with the secretaries of education and commerce, to consider proposing regulations that establish guidelines for third parties to certify industry-recognized apprenticeship programs. 

The Wage and Hour Division announced plans to to clarify when two or more employers are considered joint employers for purposes of complying with the Fair Labor Standards Act. The proposed rule is targeted for December 2018. Also, the WHD in March 2019 to update its white-collar exemption regulations, often referred to as the overtime rule, by determining the appropriate salary level for exemption of executive, administrative and professional employees under the FLSA.

Additionally, the Occupational Safety and Health Administration plans to solicit public feedback on the 2016 silica final rule through a to determine if revisions to Table 1 may be appropriate. Effective Oct. 23, 2017, OSHA began fully enforcing all appropriate provisions of the Silica in Construction Standard. 

Other OSHA rules on the agenda include:

: Request for Information, October 2018
: Request for Information, October 2018
: Final Rule, December 2018
: Final Rule, June 2019
: Final Rule, June 2019

National Labor Relations Board

The NLRB is currently accepting comments on its to establish an updated standard for determining joint-employer liability under the National Labor Relations Act. Additionally, the NLRB will be revising its , with a specific focus on amendments to the board’s representation case procedures adopted by the 2014 “ambush” election final rule. The item is currently listed as a long-term action. 

Environmental Protection Agency

The Environmental Protection Agency, along with the U.S. Army Corps of Engineers, will continue with the 2015 Clean Water Rule, also known as the definition of Waters of the United States final rule. The agencies expect to release a final rule rescinding the 2015 WOTUS rule and recodifying the regulatory definition that existed prior to the 2015 final rule in March 2019 and a in October 2018 (with a final rule expected in September 2019). 

Equal Employment Opportunity Commission

: Proposed Rule, June 2019
: Proposed Rule, June 2019

Department of Transportation

: Proposed Rule, October 2018
: Final Rule, December 2018