Thursday, August 1, 2013

OFCCP Sends Final Version of Regulations Regarding Persons with Disabilities to OMB

OFCCP has been busy this week.

On Wednesday, July 31, OFCCP sent the final version of the agency's proposed revisions to its regulations regarding persons with disabilities to the Office of Management and Budget (OMB).  This follows OFCCP's submission of the final version of its proposed revisions to the veterans regulations on July 30.  As with the veterans regulations, approval by OMB is the final step before the revisions to the regulations regarding persons with disabilities would become effective.

OFCCP first published its proposed revisions to the regulations regarding persons with disabilities in December of 2011.  While there were many comments from the public concerning the proposed veterans regulations, there were even more concerning the disability regulations, including a very substantial number of concerns raised by federal contractors and subcontractors and their representatives.  OFCCP had taken no formal action on the proposed revisions to the regulations regarding persons with disabilities until submitting the final version of its revisions on July 31.

In our related post on the veterans regulations, we noted that there has been much speculation as to why there was such a delay in providing a final version of the regulations to OMB.  Regardless of what was preventing OFCCP from submitting final regulations previously, the agency has acted in a dramatic fashion in the last few days.

As we noted in our post on the veterans regulations, it is not clear when OMB will act on OFCCP's submission of its final revisions to the regulations regarding persons with disabilities.  The public comments regarding these regulations raised many important concerns and OMB will have much to consider before deciding whether to approve these regulations.  Whether the revised regulations receive approval from OMB may depend in part on changes that OFCCP has made to its initial submission.

Documentation of OMB's receipt of the final regulations regarding persons with disabilities can be found on the reginfo.gov website http://www.reginfo.gov/public/do/eoDetails?rrid=123245. Unfortunately, there is no formal way to view the final version of the revised regulations until OMB makes a decision about these regulations or until OFCCP decides to release them to the public.

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