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On Nov. 20, the Trump administration released its . 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 into 2020. 

U.S. Department of Labor

In the Fall Unified Agenda, DOL’s Employment and Training Administration announced plans to issue the apprenticeship final rule, titled , in April 2020. This , which was issued in June, came 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. ÀÏÅ£Ó°ÊÓsubmitted comments on the proposed rule.

The Occupational Safety and Health Administration plans to issue a  to amend the Welding and Cutting Standard in construction to eliminate any perceived ambiguity about the definition of "confined space" that applies to welding activities in construction. The agency expects to release the proposal in February 2020. OSHA is also expected to issue a with corrections and amendments to the for cranes and derricks, which includes a large number of provisions designed to improve crane safety and reduce worker injury and fatality, in May 2020.

In June 2020, OSHA expects to issue a  on occupational exposure to crystalline silica to determine if revisions to Table 1 in the standard for construction may be appropriate. ÀÏÅ£Ó°ÊÓ on OSHA’s request for information on table 1 of the silica standard as part of the Construction Industry Safety Coalition.

In Oct. 2018, OSHA issued a clarifying its position on workplace safety incentive programs and post-incident drug testing included in the Obama administration’s 2016 , also known as the Electronic Injury Reporting and Anti-Retaliation final rule. OSHA plans to issue a  in November 2020 to memorialize its memorandum position regarding post-incident drug testing or safety incentive programs.

The Wage and Hour Division is expected to issue final rules for its  and  rulemakings in November and December 2019, respectively. ÀÏÅ£Ó°ÊÓsubmitted comments on both and proposals in June. Additionally, WHD plans to issue an RFI on the to solicit comments on ways to improve its regulations to better protect and suit the needs of workers and reduce administrative and compliance burdens on employers. The department plans to issue the RFI in November 2019.  

For more information on upcoming DOL rulemakings, see the department’s .

National Labor Relations Board

It is expected the NLRB will issue its  on the joint employer standard in December 2019. ÀÏÅ£Ó°ÊÓand the ABC-led Coalition for a Democratic Workplace in support of the NLRB’s joint employer proposal. The NLRB also plans to revise its representation election regulations. The rulemaking is expected to be split into two phases and focus on and . The NLRB plans to issue the final rules in November 2019 and January 2020, respectively.

In February 2020, the NLRB also plans to issue a establishing standards under the National Labor Relations Act for access to an employer's private property.

Environmental Protection Agency

Following the September 2019 repealing the 2015 Clean Water Rule, also known as the Waters of the United States final rule, the Environmental Protection Agency and U.S. Army Corps of Engineers expect to issue a  in January 2020 to re-evaluate and revise the definition of WOTUS in accordance with .

Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission intends to issue a in January 2020 to amend its regulation of employer-sponsored wellness programs. In August 2017, the U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the and the , and ordered the EEOC to reconsider the rulemakings. In accordance with the court’s ruling, the EEOC rescinded portions of its ADA and GINA wellness rules on Dec. 20, 2018.

The EEOC also intends to issue a in December explaining the agency’s interpretation of when an entity qualifies as a joint employer based on the definitions of the statutory terms "employee" and/or "employer" under the federal EEO laws.

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