On June 3, the U.S. Department of Labor stated that it plans to engage in rulemaking on determining employee or independent contractor status under the Fair Labor Standards Act.
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On May 11, ABC, as a steering committee member of the Partnership to Protect Workplace Opportunity, as well as 92 other organizations, sent a letter to Secretary of Labor Marty Walsh urging him to abandon or at least postpone issuing the U.S. Department of Labor’s announced proposed rulemaking altering overtime regulations under the Fair Labor Standards Act. Read PPWO’s press release on the letter.
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On May 17, ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments to the U.S. Department of Labor’s Occupational Safety and Health Administration voicing compliance and cost concerns on the proposed rule on Powered Industrial Trucks Design Standard Update. While CISC members are not manufacturers of powered industrial trucks, certain types of PITs are frequently used on construction worksites and, thus, CISC members are interested in this proposal.
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On April 22, ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments in response to the Occupational Safety and Health Administration’s request for additional comment on its “potential provisions or approaches” to a final Occupational Exposure to COVID-19 in Healthcare Settings rule. CISC opposes OSHA’s proposal to expand coverage under any promulgated final rule and include certain construction work in health care settings.
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On April 12, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a National Emphasis Program—Outdoor and Indoor Heat-Related Hazards, which expands on the agency’s ongoing heat-related illness prevention initiative and campaign by setting forth a targeted enforcement component and reiterating its compliance assistance and outreach efforts.
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On April 5, the U.S. Department of Labor’s Occupational Safety and Health Administration announced that it is starting an enforcement program that identifies employers who failed to submit Form 300A data through the agency’s Injury Tracking Application. The enforcement program will begin in early April and was developed in response to recommendations from the Government Accountability Office to improve reporting of summary injury and illness data.
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On March 31, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced new directive 2022-02: Effective Compliance Evaluations and Enforcement, which rescinds directives issued under the Trump administration aimed at increasing the certainty, efficiency and transparency of the department’s operations for the contractor community.
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ABC is concerned about a proposal from the Biden administration that will increase the number of contractors subject to electronic safety data submission requirements and carry risks for exposing confidential business information by posting parts of the submissions on a public website.
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On March 15, the U.S. District Court for the Eastern District of Texas dealt a blow to the Biden administration’s efforts to delay and rescind the Trump administration’s 2021 independent contractor final rule. Under a decision applauded by ABC, which had sued to block those actions, the ABC-supported rule went into effect as scheduled on March 8, 2021, and remains in effect today.
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