§ 11.10 Identification of agency actions.
Pursuant to the CEQ definition of “major Federal action” (40 CFR 1508.18) and 40 CFR 1507.3(b)(2), the following paragraphs identify and classify Department of Labor actions which: normally will not require preparation of an environmental document (i.e. an environmental assessment or an environmental impact statement); or usually will require preparation of an environmental document.
(a) OSHA/MSHA actions. Actions of the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) are classified as follows:
(1) Categorically excluded actions. OSHA/MSHA actions listed in the following Table will normally qualify for categorical exclusion from NEPA requirements: i.e., such actions do not require preparation of either an environmental assessment or an environmental impact statement, because they do not have a significant impact on the quality of the human environment. Classification as a categorical exclusion, however, does not prohibit OSHA or MSHA from preparing an environmental assessment or environmental impact statement on any of the following actions when OSHA or MSHA determines it to be appropriate. Also, in extraordinary circumstances where a normally excluded action is found to have a potentially significant environmental effect, OSHA or MSHA shall prepare an environmental assessment and/or an environmental impact statement as required.
OSHA/MSHA Categorical Exclusions
| Type of action | Reason for exclusion |
|---|---|
| (i) Promulgation, modification or revocation of any safety standard. Examples of these actions are: Machine guarding requirements, safety lines, warning signals, etc | Safety standards promote injury avoidance by means of mechanical applications or work practices, the effects of which do not impact on air, water or soil quality, plant or animal life, the use of land or other aspects of the human environment. |
| (ii) Approval of petitions for variances from MSHA/OSHA safety standards or OSHA health standards | Variances are taken from existing standards. Thus environmental documents, as appropriate, will already have been prepared. In terms of worker health and safety, any variance must be at least as effective as the original standard. |
| (iii) Agency legislative requests for appropriations | Exempted by 40 CFR 1508.17. |
| (iv) Recordkeeping and reporting requirements | No possibility of significant environmental impact. |
| (v) Routine agency personnel actions | Such actions typically involve small numbers of individuals and have no possibility of significant environmental impact. |
| (vi) Training of employers, employees, agency personnel and others in the recognition, avoidance or abatement of occupational hazards. Providing consultative services to industry | These actions involve educational activities which have no possibility of significant environmental impact. |
| (vii) Enforcement proceedings | Exempted by 40 CFR 1508.18. |
| (viii) Equipment approvals | No possibility of significant environmental impact. |
| (ix) State grants under Sec. 503 of the Federal Mine Safety and Health Act | These grants assist States in developing and implementing laws to improve mine safety and health and to promote coordination between State and Federal governments. They have no possibility of significant environmental impact. |
| (x) Certification or qualification proceedings | No possibility of significant environmental impact. |