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
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Type of action Reason for exclusion
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(i) Promulgation, modification or Safety standards promote
revocation of any safety standard. injury avoidance by means of
Examples of these actions are: Machine mechanical applications or
guarding requirements, safety lines, work practices, the effects
warning signals, etc. 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 Variances are taken from
from MSHA/OSHA safety standards or OSHA existing standards. Thus
health standards. 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 Exempted by 40 CFR 1508.17.
appropriations.
(iv) Recordkeeping and reporting No possibility of significant
requirements. 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, These actions involve
agency personnel and others in the educational activities which
recognition, avoidance or abatement of have no possibility of
occupational hazards. Providing significant environmental
consultative services to industry. 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 These grants assist States in
Federal Mine Safety and Health Act. 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 No possibility of significant
proceedings. environmental impact.
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(2) Actions requiring environmental assessment. Several classes of
OSHA/MSHA actions normally require the preparation of an environmental
assessment prior to determining whether either a finding of no
significant impact or an environmental impact statement must be
prepared. (However, OSHA or MSHA may proceed to prepare an environmental
impact statement, without first preparing an environmental assessment,
if it determines such action to be appropriate or necessary, as provided
by 40 CFR 1501.3(a)). Actions in this classification include:
(i) Promulgation, modification or revocation of a health standard;
and
(ii) Approval or revocation of State plans for the enforcement of
safety and health standards (not applicable to MSHA).
(3) Actions requiring preparation of an environmental impact
statement. Preparation of an environmental impact statement will always
be required for proposals for promulgation, modification or revocation
of health standards which will significantly affect air, water or soil
quality, plant or animal life, the use of land or other aspects of the
human environment.
(4) Emergency temporary standards. Situations requiring the issuance
of emergency temporary standards (issued for a period of up to six
months, pursuant to section 6(c) of the Occupational Safety and Health
Act of 1970, and for a period of up to nine months, pursuant to section
101(b) of the Federal Mine Safety and Health Act of 1977) are of such
nature that the provisions of 40 CFR parts 1500 et seq. may not be
strictly observable. Pursuant to 40 CFR 1506.11, however, OSHA and
MSHA will consult with the Council on Environmental Quality in
connection with such situations, and will, in any event, prepare
environmental assessments or environmental impact statements, as
appropriate, on any proposed permanent regulation to be promulgated for
the purpose of replacing the temporary action.
(b) Real property actions. Actions that will involve construction,
or the purchase or lease of property, in connection with the
establishment or substantial alteration of a Job Corps center, of any
similar Job Corps facility, or other property actions of a similar
character by another agency, will normally require the preparation of an
environmental assessment prior to determining whether either a finding
of no significant impact or an environmental impact statement must be
prepared.
(c) Other Departmental actions. Certain actions taken to implement
other Department of Labor programs will normally qualify for categorical
exclusion from NEPA requirements. These matters are excluded because the
possibility of environmental impact is remote. However, classification
as a categorical exclusion does not prohibit or release an agency from
preparing an environmental assessment or environmental impact statement
when the agency determines it to be appropriate. These actions include:
(1) U.S. Employment Service activities and related placement,
counseling, recruitment, information, testing, certification and
associated actions;
(2) Apprenticeship activities and related certification and
technical assistance actions;
(3) Training activities, other than Job Corps, including work
experience, classroom training and public service employment;
(4) Unemployment insurance, trade adjustment assistance, workers'
compensation programs, retirement programs, employee protection
programs, and related employees benefit programs or activities involving
the replacement or regulation of employee wages;
(5) Wage and hour programs to protect low-income workers, eliminate
discriminatory employment practices, prevent curtailment of employment
and earnings for certain groups of workers, minimize loss of income due
to indebtedness, protect farm and migrant labor and related activities;
(6) Contract compliance programs to ensure equal employment
opportunity and related actions;
(7) Labor-management relations activities and activities of labor
organizations, employers and their officers or representatives;
(8) Research, evaluation, development and information collection
projects related to any of the aforementioned activities;
(9) Labor statistics programs; and
(10) Matters involving personnel policy, procurement policy, freedom
of information and privacy policy, and related matters of Departmental
management.
