2026-16599Proposed RuleWallet

Labor Prints Reg Agenda Because Internet Isn't Official Enough

Published Date: 8/14/2026

Proposed Rule

Summary

The internet has become the means for disseminating the entirety of the Department of Labor's regulatory agenda. However, the Regulatory Flexibility Act requires publication of a regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the regulatory flexibility agenda.

Analyzed Economic Effects

10 provisions identified: 4 benefits, 0 costs, 6 mixed.

Potential Change to Tip Rules

The Department is considering a notice of proposed rulemaking to amend regulations for tipped employees under the Fair Labor Standards Act. The FLSA currently allows employers to take a partial "tip credit" and defines a tipped employee as someone who customarily and regularly receives more than $30 a month in tips; an NPRM is listed for August 2026 in the agenda.

H-2B Wage Survey Rulemaking

The Department plans a final rule to address the employer-provided survey provision used in the H-2B prevailing wage methodology after a D.C. District Court decision on December 23, 2022. The agenda lists a final rule target in February 2027 to cure the procedural defect identified by the court.

Apprenticeship Nondiscrimination Streamlining

The Department proposed rescinding certain regulatory provisions and making conforming technical changes to streamline obligations on registered apprenticeship program sponsors while retaining broad nondiscrimination protections. The NPRM was published July 2, 2025, with a final rule listed for August 2026 in the agenda.

No Surprises Act IDR Rules Finalized

Final rules implement parts of the No Surprises Act Federal independent dispute resolution (IDR) process, requiring group health plans and health insurance issuers to include specific disclosure information with initial payments or denials, use claim adjustment reason codes (CARCs) and remittance advice remark codes (RARCs) in remittance advice, amend open negotiation and IDR initiation rules, and require plans and issuers to register in the Federal IDR portal. The agenda lists a final action in July 2026.

Tree Care Industry Safety Standard

OSHA is developing a new Tree Care Standard to address hazards in the tree care industry, following a completed SBREFA panel in May 2020; an NPRM is listed for October 2026 in the agenda. The standard would set scope, effective work practices, and arboricultural equipment uses for tree care operations.

Heat Injury and Illness Prevention Rule

OSHA proposed a Heat Injury and Illness Prevention standard that would apply to employers conducting outdoor and indoor work in general industry, construction, maritime, and agriculture where OSHA has jurisdiction and would require employers to create plans to evaluate and control heat hazards. The NPRM was published August 30, 2024, with hearing and comment activity through October 30, 2025; a supplemental NPRM is listed for December 2026 and a final action for October 2027.

Comprehensive Emergency Response Standard

OSHA is working toward a comprehensive Emergency Response standard to address gaps in older, piecemeal standards and reflect modern equipment and practices; an NPRM was published February 5, 2024, and OSHA is revising the proposal following public hearings and comments, with a final rule listed for April 2027 in the agenda.

Process Safety Management Modernization

OSHA has pursued modernization of the Process Safety Management standard to prevent major chemical accidents, including an RFI in December 2013 and SBREFA completed in August 2016; the agenda lists stakeholder engagement through 2022 and indicates the next action is to be determined.

Workplace Violence Protections in Healthcare

OSHA has been studying workplace violence in healthcare and social assistance, issued an RFI in December 2016, granted petitions for a standard in January 2017, completed SBREFA in May 2023, and lists an NPRM as to be determined. The effort focuses on preventing workplace violence against healthcare and social assistance workers.

Communication Tower Safety Rulemaking

OSHA is considering safety requirements for communication tower work after a spike in fatalities and completed SBREFA in October 2018; the agenda lists the next action as to be determined. The effort would address hazards and could result in a new standard or changes to existing standards.

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Key Dates

Published Date
8/14/2026

Department and Agencies

Department
Independent Agency
Agency
Labor Department
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