Recommendation: As part of the Equal Employment Opportunity Commission's plans to implement a new data system, the Chair of the Equal Employment Opportunity Commission should assess the feasibility of developing the agency's capacity to systematically analyze retaliation charge data, including the protected activities associated with these charges. (Recommendation 1)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should ensure that DOL has a procedure to help the agency analyze reasons for delays in processing National Dislocated Worker Grant applications and grant modifications. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should identify and implement additional mechanisms to allow EAA grantees to share information about innovative and best practices with each other, such as DOL hosting an in-person or virtual national convening for grantees. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should work with the Federal Co-Chair of the ARC to identify and implement mechanisms that allow for information sharing between the two agencies regarding their EAA programs, including sharing grant decisions. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Federal Co-Chair of the ARC should work with the Secretary of Labor to identify and implement mechanisms that allow for information sharing between the two agencies regarding their EAA programs, including sharing grant decisions. (Recommendation 4)

Agency: Appalachian Regional Commission
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Federal Co-Chair of the ARC should develop a plan for addressing issues related to performance data for POWER Initiative grants. (Recommendation 5)

Agency: Appalachian Regional Commission
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should, as part of the Department's evidence building processes, prioritize improving the quality of evidence on the impact of job training for dislocated workers. (Recommendation 6)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should identify the expected time frame for providing the first report to Congress that is responsive to the WIOA requirement for an annual report that includes research and evaluation findings. In addition, the agency should communicate this time frame to relevant congressional committees. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the Office of Workers' Compensation Programs should direct the Division of Federal Employees' Compensation to send a reminder to all FECA recipients as they approach retirement that they may want to obtain FERS retirement benefits estimates for comparisons with FECA, including annuity estimates from their employing agencies and estimates of their Thrift Savings Plan and Social Security benefits. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the Office of Workers' Compensation Programs should direct the Division of Federal Employees' Compensation to coordinate with the Social Security Administration to take steps to modernize and improve the process of manually generating benefit amounts with and without federal earnings and exchanging information between the agencies to enable the provision of offset estimates to FECA recipients upon request and to reduce the potential for human error in applying offsets. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of Social Security should direct the Office of Earnings and International Operations to coordinate with the Division of Federal Employees' Compensation to take steps to modernize and improve the process of manually generating benefit amounts with and without federal earnings and exchanging information between the agencies to enable the provision of offset estimates to FECA recipients upon request and to reduce the potential for human error in applying offsets. (Recommendation 3)

Agency: Social Security Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Acting Commissioner of CBP should better communicate to stakeholders the types of information stakeholders could collect and submit to CBP to help the agency initiate and investigate forced labor cases related to seafood and, as appropriate, other goods. (Recommendation 1)

Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should change Schedule C or Form 1099-NEC so that taxpayers can identify if they received payment for platform work. (Recommendation 1)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should develop a process for monitoring feedback on its communications efforts and products tailored for platform workers, which should include documenting and evaluating feedback. (Recommendation 2)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should clarify the instructions and publications for Forms 1040 and 1099-K by adding plain language to clearly indicate to platform workers that the forms apply to them. (Recommendation 3)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should work with the Secretary of the Treasury to amend the 6050W "tie-breaker rule" that applies to duplicative reporting requirements so that payments made through a TPSO's third party payment network are reportable under Section 6041, rather than under Section 6050W. (Recommendation 4)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should work with Treasury to determine what thresholds would be the most appropriate for payment information reporting and, if warranted, recommend that Congress adjust the thresholds. (Recommendation 5)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should work with the Secretary of the Treasury to implement withholding that is voluntary for companies making payments for services to platform workers and other independent contractors who choose to participate. (Recommendation 6)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of IRS should assess the impact of withholding that is voluntary for companies, once implemented, and if warranted, work with the Secretary of the Treasury on a proposal to Congress that would require TPSOs to offer tax withholding to platform workers and other independent contractors who choose to participate. (Recommendation 7)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of United States Citizenship and Immigration Services should work with the Assistant Secretary for the Employment and Training Administration to assess options for changing the H-2B visa program and, as warranted, implement changes or submit proposed legislative changes to Congress. DHS and DOL could consider options included in their June 2019 report to Congress and identify those that may be implemented cost effectively and without adversely affecting U.S. workers. (Recommendation 1)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
Status: Open

Comments: DHS agreed with this recommendation and noted that it plans to work further with DOL to explore options for improving the H-2B visa program and possibly develop proposals for legislative changes.

Recommendation: The Assistant Secretary for the Employment and Training Administration should work with the Director of United States Citizenship and Immigration Services to assess options for changing the H-2B visa program and, as warranted, implement changes or submit proposed legislative changes to Congress. DOL and DHS could consider options included in their June 2019 report to Congress and identify those that may be implemented cost effectively and without adversely affecting U.S. workers. (Recommendation 2)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL agreed with this recommendation. DOL said it is prepared to work with DHS to consider options for changing the H-2B program and to provide any technical assistance that Congress may need on this issue. We will monitor the agency's progress to implement this recommendation.

Recommendation: The Director of United States Citizenship and Immigration Services should work with the Assistant Secretary for the Employment and Training Administration to assess the advantages and disadvantages of considering current economic trends in determining the appropriate number of additional H-2B visas to provide when given this authority by Congress and, as warranted, implement an approach that considers such trends. (Recommendation 3)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
Status: Open

Comments: DHS did not agree with this recommendation. DHS said it would continue to work with DOL-as it has done in prior years--if and when Congress delegates the authority to make additional H-2B visas available beyond the statutory cap to DHS. The agency also expressed its view that Congress is better positioned to determine whether and how many additional visas should be made available to meet the needs of U.S. businesses. In fiscal years 2017 through 2020, DHS was authorized to increase the number of H-2B visas beyond the statutory cap, after consulting with DOL to determine that "the needs of American businesses [could not] be satisfied...with United States workers..." In exercising this authority in prior years, DHS stated that "[t]he scope of the assessment called for by the statute [in making this determination] is quite broad, and accordingly delegates the Secretary of Homeland Security broad discretion to identify the business needs [s]he finds most relevant." In light of DHS's broad view of its authority, we continue to believe that it would be appropriate for DHS, in consultation with DOL, to assess the advantages and disadvantages of considering current economic trends in determining the appropriate number of additional H-2B visas to provide. If they determine that using such data would be warranted, the agencies would then be well positioned to implement such an approach if DHS is granted such authority in the future. Moreover, if-as DHS stated in its response to our recommendation-the agency believes that Congress is best suited to determine what increases in visa numbers may be needed to meet the needs of U.S. businesses, consistent with protecting American workers, it may wish to work with Congress to draft a legislative proposal reflecting this view.

Recommendation: The Assistant Secretary for the Employment and Training Administration should work with the Director of United States Citizenship and Immigration Services to assess the advantages and disadvantages of considering current economic trends in determining the appropriate number of additional H-2B visas to provide when given this authority by Congress and, as warranted, implement an approach that considers such trends. (Recommendation 4)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL agreed with this recommendation. The agency plans to draw on its data on labor market and economic trends to provide technical assistance to DHS on the determination of how many additional H-2B visas to make available.

Recommendation: The Assistant Secretary for the Employment and Training Administration should take steps to target its audits of H-2B employers to employers with the highest likelihood of violating program requirements; such steps could include moving ahead with developing a system for identifying trends in H-2B employer audit outcomes. (Recommendation 5)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL agreed with this recommendation. DOL noted that while further development of a system for tracking industry and occupational trends in H-2B employer violations is currently on hold due to budgetary constraints, when this system is available it will provide the capacity to take a risk-based approach to selecting employers for audits. We will monitor the agency's progress to implement this recommendation.

Recommendation: The Director of the Office of Workers' Compensation Programs should develop and implement procedures for coal mine operator self-insurance renewal that clarifies how long an operator is authorized to self-insure; when an operator must submit its renewal application and supporting documentation; and the conditions under which an operator's self-insurance authority would not be renewed. (Recommendation 1)

Agency: Department of Labor: Office of Workers' Compensation Programs
Status: Open

Comments: DOL agreed with this recommendation and said it is acting to implement it to achieve further improvements in ensuring the effective oversight of coal mine operator insurance. DOL reported that it would ensure letters granting or renewing self-insurance authority will inform operators that their authorization expires in one year and that they must submit renewal information three months in advance of the expiration date.

Recommendation: The Director of the Office of Workers' Compensation Programs should develop and implement procedures for self-insured coal mine operator appeals that identify time lines for self-insured operators to submit documentation supporting their appeals and that identify a goal for how much time DOL should take to make appeals decisions. (Recommendation 2)

Agency: Department of Labor: Office of Workers' Compensation Programs
Status: Open

Comments: DOL agreed with this recommendation and said it is acting to implement it to achieve further improvements in ensuring the effective oversight of coal mine operator insurance. DOL reported that it will ensure letters denying self-insurance will inform operators that they have a 30-day appeal period (limited to one extension) and that DOL has set a goal of resolving all appeals within 90 days of the denial letter.

Recommendation: The Director of the Office of Workers' Compensation Programs should develop and implement a process to monitor operator compliance with commercial insurance requirements and periodically evaluate the effectiveness of this process. This process should be designed to detect errors and omissions in reporting insurance coverage using complete, accurate, and consistently recorded data. (Recommendation 3)

Agency: Department of Labor: Office of Workers' Compensation Programs
Status: Open

Comments: DOL agreed with this recommendation and said it is acting to implement it to achieve further improvements in ensuring the effective oversight of coal mine operator insurance. DOL reported that it will modify existing computer systems to identify lapses or cancellations of commercial insurance coverage, and require operators identified as having lapsed or cancelled coverage to obtain or provide proof of coverage within 30 days.

Recommendation: The Executive Assistant Administrator / Director of FAMS should identify and utilize a suitable system that provides information about air marshals' medical qualification status. (Recommendation 1)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS is evaluating case management software to track this information and plans to pursue funding for this effort in fiscal year 2021.This action, if fully implemented, should address the intent of the recommendation. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should develop and implement a plan to assess the health and fitness of the FAMS workforce as a whole, including trends over time. (Recommendation 2)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS had established a team to develop a plan for assessing workforce health and wellness issues. Adopting and implementing a plan that assesses the health and fitness of the FAMS workforce as a whole, should address the intent of the recommendation. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should identify and implement a means to monitor the extent to which air marshals' actual shifts and rest hours are consistent with scheduling guidelines. (Recommendation 3)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS will begin tracking air marshals' actual hours and examine the extent to which air marshals' actual and scheduled hours vary. This information could be helpful, for example, in assessing air marshals' schedule predictability. However, to address the intent of this recommendation, FAMS would need to monitor the extent that air marshals' actual work and rest hours are consistent with FAMS's scheduling guidelines. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The Executive Assistant Administrator / Director of FAMS should take steps to reaffirm and strengthen efforts to prevent discrimination by, for example, updating and following through on its 2012 action plan and renewing leadership commitment to the plan's goals. (Recommendation 6)

Agency: Department of Homeland Security: Transportation Security Administration: Office of Law Enforcement - Federal Air Marshal Service
Status: Open

Comments: DHS concurred with this recommendation and in January 2020, DHS officials stated that FAMS plans to review the goals of its 2012 action plan and develop steps to strengthen efforts to prevent discrimination. These actions, if fully implemented, should address the intent of the recommendation. When we confirm what actions DHS has taken in response to this recommendation, we will provide updated information.

Recommendation: The TSA Administrator should develop performance goals for its Insider Threat Program that assess progress achieving the strategic objectives in the insider threat strategic plan. (Recommendation 2)

Agency: Department of Homeland Security: Transportation Security Administration
Status: Open

Comments: In May 2020, TSA published its strategic framework, the TSA Insider Threat Roadmap, for mitigating insider threats in the transportation sector. The Roadmap contains three overarching strategic priorities and specific objectives for each of these priorities to refine and continue to improve its efforts to detect, deter, and mitigate insider threats. TSA described that its next steps will be to develop implementation plans for each of these priorities and objectives, including detailed plans of actions with timelines and performance measures to assess its progress achieving the Roadmap's priorities and objectives. We will continue to monitor TSA's efforts to implement our recommendation.

Recommendation: The Administrator of FAA should direct the Aviation Workforce Steering Committee, as part of its ongoing efforts, to take steps to use existing FAA data and coordinate with other federal agencies to identify and gather the information it needs to measure progress and target resources toward its goal of promoting a robust, qualified, and diverse aviation maintenance workforce. For example, FAA could task a committee working group with developing and implementing ways to improve data sharing among federal agencies to inform decision-making on how to strengthen career pathways and better understand the supply and demand of certificated workers. (Recommendation 1)

Agency: Department of Transportation: Federal Aviation Administration: Office of the Administrator
Status: Open

Comments: DOT agreed with this recommendation. Specifically, the agency agreed that using existing data could potentially contribute to its efforts to develop the aviation maintenance workforce. DOT said it will ask the Aviation Workforce Steering Committee to consider using existing FAA data and to coordinate with other federal agencies regarding other potential data sources to support the FAA's aviation maintenance workforce goals. We will consider closing this recommendation when these and other efforts to address this recommendation are complete.

Recommendation: The Commissioner of Internal Revenue should assess options for updating Publications 590-A and 590-B to either include more information or direct taxpayers to other resources for IRA owners with investments in unconventional assets. Such information could include: storage requirements for IRA investments in certain precious metals; valuation methods for hard-to-value IRA assets; the Department of Labor's process for granting exemptions to IRA prohibited transactions rules; and IRA investments with the potential to create unrelated business income tax liabilities. (Recommendation 1)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of Internal Revenue, building on forthcoming compliance research using new IRA asset data, should evaluate the feasibility of requiring disclosure for high-risk IRA asset types associated with abusive schemes as transactions of interest. (Recommendation 2)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of Internal Revenue should develop resources (such as training materials or job aids) for Small Business/Self-Employed examiners conducting IRA owner audits that explain how IRAs with unconventional assets can generate unrelated business income tax liability, and how examiners can refer cases to unrelated business income experts in IRS for assistance. (Recommendation 3)

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of State should take additional steps to identify diversity issues that could indicate potential barriers to equal opportunity in its workforce. For example, State could conduct additional analyses of workforce data and of employee groups' feedback. (Recommendation 1)

Agency: Department of State
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of the Social Security Administration should clarify policies and procedures to remind staff that a diagnosis of a substance use disorder is not necessary to conduct a Drug Addiction and Alcoholism evaluation. (Recommendation 1)

Agency: Social Security Administration
Status: Open

Comments: SSA agreed with this recommendation. The agency stated that it had revised related policies in February 2020, and had planned to issue guidance and video-on-demand training to further clarify policies and procedures in this area. However, SSA said its efforts to maintain mission critical activities amid the COVID-19 pandemic have delayed further implementation of this recommendation and a specific implementation date could not be provided at this time.

Recommendation: The Commissioner of the Social Security Administration should ensure that staff document their rationale for decisions involving the Drug Addiction and Alcoholism evaluation process. (Recommendation 2)

Agency: Social Security Administration
Status: Open

Comments: SSA agreed with this recommendation. The agency said it had planned to issue guidance reinforcing its policy on properly documenting decisions involving the Drug Addiction and Alcoholism evaluation process. However, SSA said its efforts to maintain mission critical activities amid the COVID-19 pandemic have delayed implementation of this recommendation and a specific implementation date could not be provided at this time.

Recommendation: The FTA Administrator should determine, in collaboration with transit stakeholders, whether additional transit workforce data are needed to identify potential future occupational shortages in the transit industry and whether the benefits of this collection would outweigh the cost of gathering it. (Recommendation 1)

Agency: Department of Transportation: Federal Transit Administration
Status: Open

Comments: On February 11, 2020 FTA stated that they anticipate issuing a notice of funding opportunity to establish a technical assistance center devoted to addressing the workforce development needs of the transit industry. They anticipate implementing this recommendation by January 31, 2021.

Recommendation: The FTA Administrator should develop and document a strategy that outlines how FTA will help address future transit workforce needs. (Recommendation 2)

Agency: Department of Transportation: Federal Transit Administration
Status: Open

Comments: On February 11, 2020 FTA stated that they anticipate issuing a notice of funding opportunity to establish a technical assistance center devoted to addressing the workforce development needs of the transit industry. They anticipate implementing this recommendation by January 31, 2021.

Recommendation: The FTA Administrator should develop and document clearly defined performance goals and measures for its transit workforce development efforts. (Recommendation 3)

Agency: Department of Transportation: Federal Transit Administration
Status: Open

Comments: DOT concurred with this recommendation and stated that FTA will enter into a cooperative agreement with a non-profit partner to develop and implement performance measures for FTA's workforce development efforts. FTA will coordinate with the Department of Labor on these measures. FTA plans to complete these actions by October 1, 2021.

Recommendation: The Secretary of Labor should collaborate with the Secretary of Transportation to continue to convene key groups of stakeholders to gather information on potential workforce changes that may result from automated trucking as the technology evolves, including analyzing needed skills and identifying any information or data gaps, to allow the agencies to fully consider how to respond to any changes. These stakeholders could include, for example, representatives of other relevant federal agencies, technology developers, the trucking industry, organizations that represent truck drivers, truck driver training schools, state workforce agencies, and local workforce development boards. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation. The agency noted several efforts that it said will help the agency assess and provide information on the potential workforce effects of evolving technologies, such as automated trucking. For example, DOL noted that the agency's employment projections incorporate expert interviews and other information to identify shifts in industry employment. DOL is also currently consulting with DOT to study these workforce effects, and agreed to consider what other information and stakeholder meetings remain necessary after that study-due in March 2019-is completed. Likewise, DOL agreed to share related information as the technology evolves, and the agency noted it currently publishes employment projections and other occupational information. While useful, these efforts alone will not allow DOL to sufficiently anticipate the future workforce effects of automated trucking. For instance, the broad employment projections do not provide estimates specifically for the long-haul truck drivers who could be affected by automated trucking first. Further, DOL's occupational information is based on surveys of current workers, so it does not include the skills future drivers will need as automated trucking evolves. Therefore, we continue to believe that convening stakeholders and sharing information about potential workforce effects in the future will position DOL to better understand and inform key stakeholders of these changes.

Recommendation: The Secretary of Transportation should collaborate with the Secretary of Labor to continue to convene key groups of stakeholders to gather information on potential workforce changes that may result from automated trucking as the technology evolves, including analyzing needed skills and identifying any information or data gaps, to allow the agencies to fully consider how to respond to any changes. These stakeholders could include, for example, representatives of other relevant federal agencies, technology developers, the trucking industry, organizations that represent truck drivers, truck driver training schools, state workforce agencies, and local workforce development boards. (Recommendation 2)

Agency: Department of Transportation
Status: Open

Comments: DOT agreed with this recommendation. We will monitor the agency's progress to address it.

Recommendation: The Secretary of Transportation should consult with the Secretary of Labor to further analyze the potential effects of automated trucking technology on drivers to inform potential workforce-related regulatory changes, such as the requirements to obtain a commercial driver's license or hours of service requirements (e.g., the maximum hours commercial truck drivers are permitted to work). This could include leveraging the analysis described by the Explanatory Statement accompanying the Consolidated Appropriations Act, 2018 once it is complete, as well as information the department obtains from stakeholders as the technology evolves. (Recommendation 3)

Agency: Department of Transportation
Status: Open

Comments: DOT agreed with this recommendation. The agency noted two of its current efforts related to automated trucking technology, namely its October 2018 automated vehicles voluntary guidance, Preparing for the Future of Transportation: Automated Vehicles 3.0, and its Congressionally-directed research on the impact of automated vehicle technologies on the workforce.

Recommendation: The Secretary of Labor should consult with the Secretary of Transportation to share information with key stakeholders on the potential effects of automated trucking on the workforce as the technology evolves. These stakeholders could include, for example, representatives of other relevant federal agencies, technology developers, the trucking industry, organizations that represent truck drivers, truck driver training schools, state workforce agencies, and local workforce development boards. (Recommendation 4)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation. The agency noted several efforts that it said will help the agency assess and provide information on the potential workforce effects of evolving technologies, such as automated trucking. For example, DOL noted that the agency's employment projections incorporate expert interviews and other information to identify shifts in industry employment. DOL is also currently consulting with DOT to study these workforce effects, and agreed to consider what other information and stakeholder meetings remain necessary after that study-due in March 2019-is completed. Likewise, DOL agreed to share related information as the technology evolves, and the agency noted it currently publishes employment projections and other occupational information. While useful, these efforts alone will not allow DOL to sufficiently anticipate the future workforce effects of automated trucking. For instance, the broad employment projections do not provide estimates specifically for the long-haul truck drivers who could be affected by automated trucking first. Further, DOL's occupational information is based on surveys of current workers, so it does not include the skills future drivers will need as automated trucking evolves. Therefore, we continue to believe that convening stakeholders and sharing information about potential workforce effects in the future will position DOL to better understand and inform key stakeholders of these changes.

Recommendation: The Secretary of Labor should direct the Bureau of Labor Statistics (BLS) and the Employment and Training Administration (ETA) to develop ways to use existing or new data collection efforts to identify and systematically track the workforce effects of advanced technologies. For example, the Secretary could select any of the following possibilities, or could identify others.
• BLS could expand existing worker or firm surveys to ask respondents whether advanced technologies have resulted in worker displacements, work hour reductions, or substantial adjustments to work tasks.
• BLS could expand its employment projections work to regularly identify occupations projected to change over time due to advanced technologies.
• ETA could expand the O*NET data system to identify changes to skills, tasks, and tools associated with occupations, as the information is updated on its rotational basis, and consider how this could be used to track the spread of advanced technologies.
(Recommendation 1)

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: DOL agreed with this recommendation. DOL stated that it will continue coordinating with the Census Bureau on research activities in this area, and plans to identify and recommend data collection options to fill gaps in existing information about how the workplace is affected by new technologies, automation, and AI. In February 2020, DOL's Bureau of Labor Statistics (BLS) issued a public report evaluating data gaps and providing recommendations for data collection options. In June 2020, DOL reported that BLS plans to host a seminar to discuss the report findings and potential pilot data collection options. DOL also plans to release its first annual employment projections data in September 2020 (previously released every 2 years). In addition, DOL reported that the Employment and Training Administration has undertaken three research efforts, which are still underway, to test ways to analyze O*NET data elements for their potential to track changes in occupations over time and to flag areas for further study on the workforce effects of automation. This recommendation will be implemented when DOL completes more of its activities.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should explore the feasibility of requiring a corporate identification number in its inspection database and enabling its website to be searched by that number. This should include exploring the following issues: (1) which corporate identification number would be most appropriate to require; (2) options for obtaining this number from employers; and (3) options for entering this number in its database that would prevent or minimize delays in closing inspection records. (Recommendation 1)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA did not state whether it agreed with this recommendation. The agency acknowledged the potential utility of obtaining a unique identifier from each employer and said it will continue to promote the collection of Employer Identification Numbers (EIN) or Tax Identification Numbers (TIN) whenever possible by issuing a revised memorandum to field staff to reinforce the importance of collecting this information. OSHA stated that it does not view EINs as confidential or protected from disclosure. However, it expressed concerns about protecting TINs and Social Security Numbers from disclosure, and noted that it would not be able to make a data field available for public search if it contained either of these numbers. OSHA also raised concerns about the financial cost associated with redesigning the agency's data system. We encourage OSHA to explore options for addressing these concerns as it further considers how to implement this recommendation.

Recommendation: The Secretary of Defense should provide information to contracting officials to advise them that the OSHA website is a resource for information about contractors' workplace safety and health records. (Recommendation 2)

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and identified implementation timelines. We will monitor the agency's progress.

Recommendation: The Secretary of Defense should explore the feasibility of requiring a safety performance rating for contracts in industries that have relatively high rates of occupational injuries, such as manufacturing, construction, and ship building and repairing. (Recommendation 3)

Agency: Department of Defense
Status: Open

Comments: DOD agreed with this recommendation and identified implementation timelines. We will monitor the agency's progress.

Recommendation: The Secretary of the Army, in conjunction with the U.S. Army Materiel Command, should assess the effectiveness of the Army depots' hiring, training, and retention programs. (Recommendation 1)

Agency: Department of Defense
Status: Open

Comments: The Army concurred with our recommendation. In February 2020 the Army provided GAO with an outline of a corrective action plan that identified how the Army plans to address our recommendation. Some of the planned milestone dates for these action items occur in fiscal year 2021. As of June 30, 2020 we consider the actions the Army taking to address our rec as ongoing, and will follow up with the Army later this year or early 2021 to obtain a status update on this rec and attempt to close the rec.

Recommendation: The Secretary of the Navy, in conjunction with the Naval Sea Systems Command and Naval Air Systems Command, should assess the effectiveness of the Navy's shipyards' and fleet readiness centers' hiring, training, and retention programs. (Recommendation 2)

Agency: Department of Defense
Status: Open

Comments: The Navy concurred with our recommendation. In response to our recommendation that the Secretary of the Navy, in conjunction with the Naval Sea Systems Command and Naval Air Systems Command, should assess the effectiveness of the Navy's shipyards' and fleet readiness centers' hiring, training, and retention programs; the Navy is in the process of collecting information to assess the effectiveness of these programs and considers these efforts ongoing.

Recommendation: The Commandant of the Marine Corps, in conjunction with the Marine Corps Logistics Command, should assess the effectiveness of the Marine Corps depots' hiring, training, and retention programs. (Recommendation 3)

Agency: Department of Defense
Status: Open

Comments: The Marine Corps concurred with our recommendation. In December of 2019 we began working with the Department of Defense, including each of the Military Service Components to determine how each component would address our recommendation. We successfully heard back from each component except the Marine Corps. As of June 30, 2020 GAO is still engaging with the Department of Defense and the Marine Corps to obtain a status update on the actions taken by the Marine Corps to address our recommendation. GAO will continue following up on this recommendation in 2020 and during the 2021 fiscal year to determine how the Marine Corps has addressed our recommendation so we can close this recommendation if possible.

Recommendation: The Secretary of the Air Force, in conjunction with the Air Force Materiel Command, should assess the effectiveness of the Air Force air logistics complexes' hiring, training, and retention programs. (Recommendation 4)

Agency: Department of Defense
Status: Open

Comments: The Air Force concurred with our recommendation. In December 2019 the Air Force provided GAO with an outline of a corrective action plan that identified how the Air Force plans to address our recommendation. Many of the planned milestone dates for these action items occur in fiscal year 2021. As of June 30, 2020 we consider the actions the Air Force is taking to address our rec as ongoing and will follow up with the Air Force later this year or early 2021 to obtain a status update on this rec and attempt to close the rec.

Recommendation: The Administrator of GSA should remedy the asbestos-related data shortcomings in IRIS, either by approving the proposed update to IRIS and its associated funding or by implementing an alternative plan to enter asbestos data via the existing interface. This alternative plan could include, for example, training more individuals to use the current database functions. (Recommendation 1)

Agency: General Services Administration
Status: Open

Comments: In March 2019, GSA indicated it will address this recommendation by updating and enhancing the asbestos module in IRIS to address the issues identified in our report. GSA intends to allocate available funding and complete the changes to IRIS by the end of fiscal year 2019. We will continue to follow-up with GSA about the status of this recommendation.

Recommendation: The Secretary of Labor, in conducting any assessment of its staff training designed to improve clarity of communication with claimants, should ensure that the assessment considers claimants' challenges with understanding DOL's written communications on the evidence needed to successfully reopen or otherwise support a claim.

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. However, DOL acknowledged that it plans to focus its staff training efforts on a variety of needed training topics, including improving the quality of written communications. DOL further noted that its recently hired training analyst will be responsible for, among other things, designing assessment measures to gauge the quality of training and the effect it has improving the overall quality of claim outcomes. We encourage DOL to continue designing its assessment so that it considers claimants' challenges in understanding the evidence needed. As of July 2019, DOL said it will soon contract with a training vendor to help update training materials and expects training to be rolled out in fiscal year 2020. In addition, DOL said it has conducted hands-on staff training that includes providing claimants with a clear understanding as to why a claim is accepted or denied. We will consider closing this recommendation pending implementation of the updated training and efforts to assess it.

Recommendation: The Acting Commissioner of the Bureau of Labor Statistics should, upon completion of the pilot Household Survey of Occupational Injuries and Illnesses, evaluate the feasibility of measuring injuries and illnesses to certain worker populations--specifically, children aged 17 and under, child household workers, and those employed on farms with 10 or fewer workers--in any final survey scope, or determine a way to gather information on these populations. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: BLS noted that it had completed the pilot Household Survey of Occupational Injuries and Illnesses (HSOII) in December of 2018 and stated that BLS will be analyzing the quality of the data in the second and third quarters of 2019 and publishing a report at the end of 2019. To evaluate the feasibility of measuring injuries and illnesses to workers under 18, BLS stated it will conduct a literature review on questionnaire design for respondents under age 18, and reviewing the evidence on the quality of data collected through proxy reporting, e.g. adults reporting on injuries/illnesses for their children. The agency also reported that it will issue an assessment of the suitability of the existing HSOII instrument to gather data on working children at the end of fiscal year 2019. We will consider closing this recommendation after receipt and review of this final assessment report.

Recommendation: The Administrator of the Wage and Hour Division should establish specific metrics and associated targets for child labor-related outreach in agriculture. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: The agency agreed with this recommendation. The agency noted that it has existing performance measures that separately track the number of employer outreach events and the number of events involving child labor. The agency stated that, in response to GAO's recommendation, it will introduce a new measure in FY2020 that is specific to child labor-related outreach in the agricultural industry. The agency said that for the remainder of FY2019, the agency will develop the new measure, establish a baseline, and set an appropriate target for child labor-related outreach in the agricultural industry. The agency also said staff would be trained on the new measure in early 2020. We will close this recommendation once the agency institutes this new metric.

Recommendation: The Administrator of the Wage and Hour Division should develop performance metrics or other measures specific to its child labor enforcement approach, such as whether WHD investigations are conducted at establishments where children are likely to be working. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: WHD agreed that it could develop either an internal performance metric or new planning guidance and reporting requirements to ensure that WHD's child labor enforcement efforts focus on industries, establishments, and time periods in which children are likely to be working or injured. Although planning guidance and reporting requirements can encourage field office staff to focus more on child labor, we believe it is important to include a measurement of WHD's overall child labor enforcement approach as part of any new planning guidance and reporting requirements. We will consider closing this recommendation when WHD develops such performance metrics.

Recommendation: The Administrator of the Wage and Hour Division and the Assistant Secretary of the Occupational Safety and Health Administration should update and routinely monitor the 1990 WHD and Occupational Safety and Health Administration memorandum of understanding and establish documented procedures for monitoring the exchange of and actions taken on referrals. (Recommendation 4)

Agency: Department of Labor
Status: Open

Comments: To implement this recommendation, WHD and OSHA have agreed to establish a working group by the second quarter of FY2019, which will aim to maximize efficient information sharing between the two agencies. Specifically, this working group will update the existing WHD-OSHA Memorandum of Understanding, assess the results of referrals between WHD and OSHA, and make recommendations regarding the need for data collection and review. We will close this recommendation when these efforts are complete and supporting documentation has been provided.

Recommendation: The Secretary of Commerce should ensure that the Bureau of Economic Analysis includes Puerto Rico in its reporting on gross domestic product, as it does for four other U.S. territories. (Recommendation 1)

Agency: Department of Commerce
Status: Open

Comments: The Department of Commerce agreed with this recommendation. As of August 2018, the Bureau of Economic Analysis (BEA) received initial funding for the remainder of FY18 and FY19 to begin producing economic statistics for Puerto Rico. BEA is currently in the process of meeting with the government and other stakeholders and building a work plan, with a kick-off expected in early FY19 and initial outputs anticipated in late FY19. In addition, BEA reported taking steps to develop a work plan to calculate GDP and review the economic and demographic data currently available from the federal government and Puerto Rico. Any short-term efforts to calculate GDP will rely heavily on data currently collected by the Puerto Rico government. Additional efforts beyond FY19 are contingent on resource availability.

Recommendation: The Secretary of Commerce, in cooperation with DOL's Bureau of Labor Statistics, should conduct a study on the feasibility of including Puerto Rico in its reporting of the Current Population Survey. (Recommendation 2)

Agency: Department of Commerce
Status: Open

Comments: The Department of Commerce agreed with this recommendation. In June 2018, the Department noted that in Fall 2016, the Census Bureau and DOL's Bureau of Labor Statistics estimated that an assessment of the feasibility of expanding the Current Population Survey (CPS) data products to include Puerto Rico would cost approximately $1.5 million over an 18-month period. Commerce understands that BLS, which funds the majority of the CPS, does not have the funds within its budget to conduct a feasibility study. Given these resources constraints, Census and BLS would also not be able to absorb the costs of collecting, analyzing and producing the data in the out years. As of June 2019, Commerce has coordinated with BLS regarding the related feasibility study required per House Report 115-704. We will close this recommendation when the study is begun.

Recommendation: The Secretary of Labor, in cooperation with the Commerce's Census Bureau, should conduct a study on the feasibility of including Puerto Rico in its reporting of the Current Population Survey. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: DOL noted that in 2016, Census and its Bureau of Labor Statistics (BLS) estimated that an assessment of the feasibility of expanding the Current Population Survey (CPS) data products to include Puerto Rico would cost approximately $1.5 million over an 18-month period (as of June 2018). BLS, which funds the majority of the CPS, does not have the funds within its budget to conduct a feasibility study. Given these resources constraints, BLS and Census would also not be able to absorb the costs of collecting, analyzing and producing the data in the out years. In June 2019, BLS reported that it is in contact with the Census Bureau with respect to the related feasibility study required per House Report 115-704. We will close this recommendation when BLS begins this study.

Recommendation: To improve RRB's ability to make accurate disability benefit eligibility determinations, including CDRs, and to decrease the potential for making improper payments, Congress should consider granting RRB access to the Department of Health and Human Services' quarterly earnings information from the National Directory of New Hires database. (Matter for Consideration 1)

Agency: Congress
Status: Open

Comments: As of March 2020, no legislation has been enacted resulting from this matter to Congress. RRB's (the Board) fiscal year 2020 budget proposal included a legislative proposal to provide the Board access to the NDNH. Although the Board reported that the resulting proposed legislation drafted by HHS - the entity that maintains the NDNH - would, if enacted, provide access to the NDNH, the Board opposed the proposal in part because it would not waive associated fees to access the NDNH, and concluded access to the NDNH would not be cost-effective. In January 2020, the Board informed GAO it is not currently seeking legislation to gain access to the NDNH, resulting in the Board continuing to use earnings data that may be outdated in its continuing disability reviews, but that it may seek access in the future.

Recommendation: To enhance RRB's ability to manage and oversee its CDR program, RRB should routinely compile and analyze CDR program data, such as the number of cases selected for review, the number of beneficiaries in each medical improvement category, outcomes, and the costs and benefits of conducting CDRs, to improve program oversight. (Recommendation 3)

Agency: Railroad Retirement Board
Status: Open

Comments: RRB agreed with this recommendation. In June 2020, RRB reported that its Program Evaluation and Management Services (PEMS) section will compile and analyze all relevant CDR program case and cost data to better oversee CDRs. RRB said that its first analysis would cover CDR's adjudicated from April 2019 through September 2020; as of June 2020 they had adjudicated 107 CDR cases. In addition, RRB reported that its monthly reporting on CDRs to the Director of Disability includes information on the type of CDR completed, the medical improvement category for medical CDR, and the disposition of the CDR. In August 2018, the agency had reported that it began reporting in October 2017 weekly pending CDR type action cases to the Director of Programs, and that it had begun tracking CDR reason codes for each medical improvement category. To close this recommendation, RRB will need to include an analysis of the costs and benefits of conducting CDRs, including any overpayments or underpayments processed, and share its complete analysis of CDRs through September 2020 after it is completed. At that point GAO will review the analysis and decide if it provides a sufficient bases for program oversight.

Recommendation: To strengthen DOL's efforts to ensure employers protect the safety and health of workers at meat and poultry plants, the Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health, working together with the Commissioner of Labor Statistics as appropriate, to develop and implement a cost-effective method for gathering more complete data on musculoskeletal disorders.

Agency: Department of Labor
Status: Open

Comments: DOL generally agreed with this recommendation and stated that its implementation would make a difference in working conditions in the meat and poultry industry. The agency also noted that resource constraints may make it difficult to implement. DOL reported in 2018 that it is reviewing its options for moving forward and is exploring accurate coding and recordkeeping of MSDs and drivers for underreporting in poultry processing and elsewhere. As of March 2020, OSHA stated that it continues to examine ways to work with BLS to address the recommendation. We will monitor the agency's actions to address this recommendation.

Recommendation: To develop a better understanding of meat and poultry sanitation workers' injuries and illnesses, the Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health and the Commissioner of Labor Statistics to study how they could regularly gather data on injury and illness rates among sanitation workers in the meat and poultry industry.

Agency: Department of Labor
Status: Open

Comments: DOL generally agreed with this recommendation and stated that its implementation would make a difference in working conditions in the meat and poultry industry. The agency noted that resource constraints may make it difficult to implement, particularly due to privacy concerns related to using form 301 (injury and illness incident report) and form 300 (log of work-related illnesses and injuries. DOL also noted that form 300A (Summary of Work-Related Injuries and Illnesses) does not have the specificity necessary to develop an understanding of worker injuries and illnesses in specific occupations. Our report explained that plants may use various job titles in their OSHA logs for sanitation workers they employ directly. However, those workers who are employed by contracted sanitation companies may be included in the sanitation companies' OSHA logs, and there may be nothing to indicate that their workplace is a meat or poultry plant. Thus, the problem is not the data source, but rather how to identify these particular workers by occupation and by industry in order to collect information about the full extent of injuries and illnesses in meat and poultry plants. We reiterate our recommendation that OSHA should work together with BLS to study how to regularly gather data on injury and illness rates among sanitation workers in the meat and poultry industry.

Recommendation: To develop a better understanding of meat and poultry sanitation workers' injuries and illnesses, the Secretary of Health and Human Services should direct the Director of the Centers for Disease Control and Prevention to have the National Institute for Occupational Safety and Health (NIOSH) conduct a study of the injuries and illnesses these workers experience, including their causes and how they are reported. Given the challenges to gaining access to this population, NIOSH may want to coordinate with the Occupational Safety and Health Administration to develop ways to initiate this study.

Agency: Department of Health and Human Services
Status: Open

Comments: HHS concurred with this recommendation and noted the previous difficulties NIOSH has had gaining access to these workplaces and the potential resource commitment involved in conducting such a study. We acknowledge this access challenge and noted in our report that OSHA has negotiated access for NIOSH in other industries, hence the rationale for recommending that NIOSH may want to coordinate with OSHA. In February 2020, NIOSH reported it met with industry associations to discuss areas of mutual interest for research on worker safety in poultry plants. However, according to NIOSH, the advent of COVID-19 and its challenges have limited plans for field studies for FY20. During the COVID-19 epidemic NIOSH informed us its representatives have: (1) created COVID-19 safety guidelines with OSHA and (2) performed more than 30 meat and poultry worksite evaluations focusing on the prevention of COVID-19. NIOSH notes that it continues to have an interest in learning more about and providing assistance to minimize various types of illnesses and injuries that may affect meat and poultry sanitation workers, and at some point in the future they hope to "re-initiate" their interactions with stakeholders such as the National Chicken Council and US Egg & Poultry Association on the study of peracetic acid exposure in the poultry processing industry. Our recommendation was aimed at increasing the understanding of the various types of illnesses and injuries that are common among meat and poultry sanitation workers, including their causes and how they are reported. We look forward to hearing about future studies that address this topic.

Recommendation: To improve SSA's ability to detect, prevent, and recover potential DI benefit overpayments due to the concurrent receipt of FECA benefits, the Commissioner of Social Security should strengthen internal controls designed to prevent DI overpayments due to the concurrent receipt of FECA benefits by implementing the alternative that provides the greatest net benefits.

Agency: Social Security Administration
Status: Open
Priority recommendation

Comments: As of January 2020, SSA had taken steps to strengthen internal controls, as GAO recommended in July 2015, but it had not completed its efforts. In January 2020, SSA told GAO that it continues to work with DOL to establish a computer matching agreement to support the FECA data exchange and the agreement is pending at DOL for final review and signature. According to SSA, if the agreement is established, SSA will use the FECA benefit data to improve efficiencies in its ability to offset/reduce DI benefits when an individual is concurrently receiving FECA benefits. GAO will continue to monitor SSA's work in this area. SSA following through with these plans will help the agency identify and prevent potential DI overpayments.

Recommendation: Depending on the outcome of the litigation, the Secretary of Labor should take steps to ensure the agency will be positioned to conduct a meaningful retrospective review consistent with the Executive Order at an appropriate time. These steps should be taken in consultation with the Centers for Medicare & Medicaid Services, and could include, for example, identifying metrics that could be used to evaluate the rule, and implementing a plan to gather and analyze the necessary data.

Agency: Department of Labor
Status: Open

Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. In 2017, WHD reported that it will continue to monitor early implementation to determine the appropriate start for any evaluation and lay the groundwork for future assessment, including a plan for how to identify data that would inform such as an assessment. In 2018, WHD reported that it is too early in the implementation phase of the rule to conduct an evaluation of the rule's impact. The Department and WHD continue to engage with HHS to understand stakeholders' responses to the rule. WHD also continues to lay the groundwork for any future assessment by working to identify data sources that would inform such as an assessment.

Recommendation: To strengthen federal oversight of facilities with ammonium nitrate, the Secretary of Labor and the Administrator of EPA should direct OSHA and EPA, respectively, to consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.

Agency: Department of Labor
Status: Open

Comments: On December 9, 2013, OSHA issued a Request for Information seeking, among other things, comments on potential revisions to its Process Safety Management standard and its Explosives and Blasting Agents Standard. The Request for Information specifically invited comments on safe work practices for storing, handling, and managing ammonium nitrate and on regulatory requirements to improve its approach to preventing the hazards associated with ammonium nitrate. As of July 2017, OSHA reports it has completed a Small Business Regulatory Flexibility Review Act panel to gather feedback from small businesses on updating its Process Safety Management (PSM) regulation. During the panel, the agency discussed the option of adding ammonium nitrate to the list of chemicals covered by PSM and collected comments. As of June 2018, the PSM rulemaking is on the regulatory agenda under Long Term Action. According to OSHA officials, the agency will continue to collect comments on the option of adding ammonium nitrate to the list of highly hazardous chemicals covered by the PSM regulations as dictated by the rulemaking process. We will close this recommendation when OSHA decides what action to take as a result of the rulemaking process.

Recommendation: To strengthen federal oversight of facilities with ammonium nitrate, the Secretary of Labor and the Administrator of EPA should direct OSHA and EPA, respectively, to consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.

Agency: Environmental Protection Agency
Status: Open

Comments: In January 2017, EPA issued a final rule to modify its Risk Management Program (RMP) regulations. The agency decided not to propose any revisions to the list of regulated substances and therefore, did not address ammonium nitrate in the revised regulations.

Recommendation: The Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to consider updating regulations for the storage of ammonium nitrate taking into consideration, as appropriate, other related standards and current practices.

Agency: Department of Labor
Status: Open

Comments: OSHA previously (December 3, 2014) issued guidance to Regional Administrators to assist OSHA officials in enforcing the ammonium nitrate storage requirements in the Explosives and Blasting Agents Standard. In addition, on December 9, 2013, OSHA issued a Request for Information (RFI) seeking, among other things, comments on potential revisions to the Explosives and Blasting Agents Standard, which includes ammonium nitrate storage requirements. According to OSHA officials, the agency discussed the option of adding ammonium nitrate to the list of chemicals covered by the Process Safety Management (PSM) regulations and collected comments. As of June 2018, the PSM rulemaking is on the regulatory agenda under Long-Term Action. We will close this recommendation when the agency decides what action to take as a result of the rulemaking process.