longshore-harbor-workers

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TitleActionFR DocPublishedAgencyAgency NameExcerptsAbstractHTMLPDF
TitleActionFR DocPublishedAgencyAgency NameExcerptsAbstractHTMLPDF
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017Rule2017-0061401/18/2017DEPARTMENT OF LABORLabor DepartmentThe U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of … The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost- of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2017 annual adjustments for inflation to its civil monetary penalties, effective January 13, 2017.department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustments-for-2017FR-Doc-2017-00614
Longshore and Harbor Workers' Compensation Act: Maximum and Minimum Compensation RatesProposed Rule2016-2046708/26/2016DEPARTMENT OF LABORLabor DepartmentThe Office of Workers' Compensation Programs is proposing rules to implement the Longshore and Harbor Workers' Compensation Act's maximum and minimum compensation provisions. Some of these provisions, which cap the amounts of com … The Office of Workers' Compensation Programs is proposing rules to implement the Longshore and Harbor Workers' Compensation Act's maximum and minimum compensation provisions. Some of these provisions, which cap the amounts of compensation and death benefits payable to entitled claimants and provide a floor below which compensation may not fall, have become the topic of litigation. The proposed rules would clarify how the Department interprets and applies these provisions. In addition, the proposed rules would implement the Act's annual compensation-adjustment mechanism for permanent total disability compensation and death benefits.longshore-and-harbor-workers-compensation-act-maximum-and-minimum-compensation-ratesFR-Doc-2016-20467
Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up AdjustmentsRule2016-1537807/01/2016DEPARTMENT OF LABORLabor DepartmentThe U.S. Department of Labor is issuing this interim final rule to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Fede … The U.S. Department of Labor is issuing this interim final rule to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The Department is required to calculate the catch-up and subsequent annual adjustments based on the Consumer Price Index for all Urban Consumers. The Department must publish the interim final rule by July 1, 2016, and the new penalty levels are effective no later than August 1, 2016.department-of-labor-federal-civil-penalties-inflation-adjustment-act-catch-up-adjustmentsFR-Doc-2016-15378
Temporary Non-Agricultural Employment of H-2B Aliens in the United StatesRule2015-0969404/29/2015DEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentThe Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and … The Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This interim final rule establishes the process by which employers obtain a temporary labor certification from DOL for use in petitioning DHS to employ a nonimmigrant worker in H-2B status. We are also issuing regulations to provide for increased worker protections for both United States (U.S.) and foreign workers. DHS and DOL are issuing simultaneously with this rule a companion rule governing the methodology to set the prevailing wage in the H-2B program.temporary-non-agricultural-employment-of-h-2b-aliens-in-the-united-statesFR-Doc-2015-09694
Wage Methodology for the Temporary Non-Agricultural Employment H-2B ProgramRule2015-0969204/29/2015DEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentThe Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing final regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal non- agricultural employment. This fi … The Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing final regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal non- agricultural employment. This final rule sets forth how DOL provides the consultation that DHS has determined is necessary to adjudicate H- 2B visa petitions by setting the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with applications for temporary labor certification. Specifically, for the purposes of an H-2B temporary labor certification, this final rule establishes that, in the absence of a wage set in a valid and controlling collective bargaining agreement, the prevailing wage will be the mean wage for the occupation in the pertinent geographic area derived from the Bureau of Labor Statistics Occupational Employment Statistics survey, unless the H-2B employer meets the conditions for requesting that the prevailing wage be based on an employer-provided survey. Any such survey submitted must meet the new methodological criteria established in this final rule in order to be used to establish the prevailing wage. The final rule does not permit use of the wage determinations issued under the Service Contract Act or the Davis Bacon Act as sources to set the prevailing wage in the H-2B temporary labor certification context. DHS and DOL are issuing this final rule together because DHS, as the Executive Branch agency charged with administering the H-2B program, has determined that the most effective implementation of the statutory H-2B labor protections requires that DHS consult with DOL for its advice about matters with which DOL has expertise, including questions about the methodology for setting the prevailing wage in the H-2B program. DHS (and the former Immigration and Naturalization Service, Department of Justice, which was charged with administration of the H-2B program prior to enactment of the Homeland Security Act of 2002) has long recognized that DOL is the appropriate agency with which to consult regarding the availability of U.S. workers and for assuring that wages and working conditions of U.S. workers are not adversely affected by the use of H-2B workers. This rule also adopts, without change, certain revisions made to DHS's H-2B regulations, to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classifications, after consulting with DOL for its advice about matters with which DOL has expertise, including questions related to the methodology for setting the prevailing wage in the H-2B program. Finally, DHS and DOL are issuing, simultaneously with this rule, a companion H-2B rule governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers.wage-methodology-for-the-temporary-non-agricultural-employment-h-2b-programFR-Doc-2015-09692
Longshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationRule2015-0510303/12/2015DEPARTMENT OF LABORLabor DepartmentParties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensa … Parties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs (OWCP) and each other. The current regulations require that some of these communications be made in paper form via a specific delivery mechanism such as certified mail, U.S. mail or hand delivery. As technologies improve, other means of communication--including electronic methods--may be more efficient and cost-effective. Accordingly, this rule broadens the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other.longshore-and-harbor-workers-compensation-act-transmission-of-documents-and-informationFR-Doc-2015-05103
Longshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationProposed Rule2015-0510003/12/2015DEPARTMENT OF LABORLabor DepartmentParties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensa … Parties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs (OWCP) and each other. The current regulations require that some of these communications be made in paper form via a specific delivery mechanism such as certified mail, U.S. mail or hand delivery. As technologies improve, other means of communication--including electronic methods-- may be more efficient and cost-effective. Accordingly, this proposed rule would broaden the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other.longshore-and-harbor-workers-compensation-act-transmission-of-documents-and-informationFR-Doc-2015-05100
Vertical Tandem LiftsRule2014-0872504/21/2014DEPARTMENT OF LABORLabor DepartmentOSHA is implementing a court-ordered remand of certain portions of the standard for vertical tandem lifts (VTLs). This final rule implements the remand by: Limiting the application of the corner- casting and interbox-connector inspect … OSHA is implementing a court-ordered remand of certain portions of the standard for vertical tandem lifts (VTLs). This final rule implements the remand by: Limiting the application of the corner- casting and interbox-connector inspection requirements to shore-to-ship VTLs; and removing the tandem lifts of platform containers from the scope of the VTL standard.vertical-tandem-liftsFR-Doc-2014-08725
Attestation Process for Employers Using F-1 Students in Off-Campus WorkRule2013-2768511/20/2013DEPARTMENT OF LABORLabor DepartmentThis final rule rescinds the regulations which provided rules governing employers seeking to hire F-1 foreign students as part-time workers off-campus. These subparts became obsolete after the authorizing statute and its two-year exten … This final rule rescinds the regulations which provided rules governing employers seeking to hire F-1 foreign students as part-time workers off-campus. These subparts became obsolete after the authorizing statute and its two-year extension expired in 1996. Accordingly, the Department of Labor (the Department) is taking this action to remove regulations that no longer have force and effect.attestation-process-for-employers-using-f-1-students-in-off-campus-workFR-Doc-2013-27685
Removal of Attestation Process for Facilities Using H-1A Registered NursesRule2013-2768311/20/2013DEPARTMENT OF LABORLabor DepartmentThis final rule rescinds the regulations found which provided rules governing health care facilities using nonimmigrant foreign workers as registered nurses under the H-1A visa program. These subparts became obsolete after the authoriz … This final rule rescinds the regulations found which provided rules governing health care facilities using nonimmigrant foreign workers as registered nurses under the H-1A visa program. These subparts became obsolete after the authorizing statute and all extensions expired. Accordingly, the Department of Labor (the Department) is taking this action to remove regulations that no longer have force and effect.removal-of-attestation-process-for-facilities-using-h-1a-registered-nursesFR-Doc-2013-27683
Labor Certification Process for Logging Employment and Non-H-2A Agricultural EmploymentRule2013-2769311/20/2013DEPARTMENT OF LABORLabor DepartmentThis final rule rescinds the regulations for employers in the logging industry utilizing foreign workers. The regulations became obsolete after a rulemaking in 2010 reassigned them elsewhere in the Code of Federal Regulations. The Dep … This final rule rescinds the regulations for employers in the logging industry utilizing foreign workers. The regulations became obsolete after a rulemaking in 2010 reassigned them elsewhere in the Code of Federal Regulations. The Department of Labor (``Department'') is issuing this final rule to remove the obsolete regulations.labor-certification-process-for-logging-employment-and-non-h-2a-agricultural-employmentFR-Doc-2013-27693
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2Rule2013-0972304/24/2013DEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentThe Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or season … The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comit[eacute] de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.wage-methodology-for-the-temporary-non-agricultural-employment-h-2b-program-part-2FR-Doc-2013-09723
Hazard Communication; Corrections and Technical AmendmentRule2013-0141602/08/2013DEPARTMENT OF LABORLabor DepartmentOSHA is correcting its regulations that were amended by the Hazard Communication Standard final rule, published in the Federal Register on March 26, 2012. The majority of the corrections are to references inadvertently missed in the o … OSHA is correcting its regulations that were amended by the Hazard Communication Standard final rule, published in the Federal Register on March 26, 2012. The majority of the corrections are to references inadvertently missed in the original publication of the final rule. Other corrections include correcting values or notations in tables, and updating references to terms.hazard-communication-corrections-and-technical-amendmentFR-Doc-2013-01416
Technical AmendmentsRule2012-1502906/21/2012DEPARTMENT OF LABORLabor DepartmentThe Office of Workers' Compensation Programs is making technical amendments to reflect the dissolution of the Employment Standards Administration and the Secretary's delegation of authority to administer the Longshore and Harbor Worker … The Office of Workers' Compensation Programs is making technical amendments to reflect the dissolution of the Employment Standards Administration and the Secretary's delegation of authority to administer the Longshore and Harbor Workers' Compensation Act (and its extensions) and the Black Lung Benefits Act to the Director, Office of Workers' Compensation Programs. The amendments also add and update Internet addresses, and update cross-references to other regulations.technical-amendmentsFR-Doc-2012-15029
Temporary Non-Agricultural Employment of H-2B Aliens in the United StatesRule2012-305802/21/2012DEPARTMENT OF LABORLabor DepartmentThe Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations appl … The Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. We have also created new regulations to provide for increased worker protections for both United States (U.S.) and foreign workers.temporary-non-agricultural-employment-of-h-2b-aliens-in-the-united-statesFR-Doc-2012-3058
Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational VesselsRule2011-3288012/30/2011DEPARTMENT OF LABORLabor DepartmentThis final rule contains regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational- … This final rule contains regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational-vessel workers from the LHWCA's definition of ``employee.'' These regulations clarify both the definition of ``recreational vessel'' and those circumstances under which workers are excluded from LHWCA coverage when working on those vessels. The final rule also withdraws a proposed rule that would have codified current case law and the Department's longstanding view that employees are covered under the LHWCA so long as some of their work constitutes ``maritime employment'' within the meaning of the statute.regulations-implementing-the-longshore-and-harbor-workers-compensation-act-recreational-vesselsFR-Doc-2011-32880
General Working Conditions in Shipyard EmploymentRule2011-956705/02/2011DEPARTMENT OF LABORLabor DepartmentThe Occupational Safety and Health Administration (OSHA) is revising its standards on general working conditions in shipyard employment. These revisions update existing requirements to reflect advances in industry practices and tech … The Occupational Safety and Health Administration (OSHA) is revising its standards on general working conditions in shipyard employment. These revisions update existing requirements to reflect advances in industry practices and technology, consolidate some general safety and health requirements into a single subpart, and provide protection from hazards not addressed by existing standards, including the control of hazardous energy.general-working-conditions-in-shipyard-employmentFR-Doc-2011-9567
Temporary Non-Agricultural Employment of H-2B Aliens in the United StatesProposed Rule2011-615203/18/2011DEPARTMENT OF LABORLabor DepartmentThe Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obl … The Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or proposed rule) proposes to revise and solicits comments on the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The Department also proposes to create new regulations to provide for increased worker protections for both U.S. and foreign workers and enhanced enforcement under the H-2B program.temporary-non-agricultural-employment-of-h-2b-aliens-in-the-united-statesFR-Doc-2011-6152
Wage Methodology for the Temporary Non-agricultural Employment H-2B ProgramRule2011-111701/19/2011DEPARTMENT OF LABORLabor DepartmentThe Department of Labor (the Department or DOL) is amending its regulations governing the certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This Final Rule revises the metho … The Department of Labor (the Department or DOL) is amending its regulations governing the certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status.wage-methodology-for-the-temporary-non-agricultural-employment-h-2b-programFR-Doc-2011-1117
Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational VesselsProposed Rule2010-2589510/15/2010DEPARTMENT OF LABORLabor DepartmentThe Office of Workers' Compensation Programs (OWCP) is republishing the Notice of Proposed Rulemaking entitled Longshore and Harbor Workers' Compensation Act: Recreational Vessels, published on August 17, 2010 (75 FR 50718), and affo … The Office of Workers' Compensation Programs (OWCP) is republishing the Notice of Proposed Rulemaking entitled Longshore and Harbor Workers' Compensation Act: Recreational Vessels, published on August 17, 2010 (75 FR 50718), and affording the public an additional period for submitting comments. This document contains proposed regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational- vessel workers from the LHWCA's definition of ``employee.'' These regulations would clarify both the definition of ``recreational vessel'' and those circumstances under which workers are excluded from LHWCA coverage when working on those vessels. The proposed rules also codify the Department's longstanding view that employees are covered under the LHWCA so long as some of their work constitutes ``maritime employment'' within the meaning of the statute.regulations-implementing-the-longshore-and-harbor-workers-compensation-act-recreational-vesselsFR-Doc-2010-25895
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