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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“While ABC is still reviewing the 432-page rule, it appears the DOL missed an opportunity for meaningful Davis-Bacon reform. For example, the proposed rule reverts back to 1983 regulations that do not result in actual prevailing rates, as required by statute. Reversing course by 40 years is not modernization. Instead, it is even worse public policy catering to special interests embedded in the Biden administration that benefit from the broken status quo,” ABC said in a statement.
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On Feb. 7, ABC, as a member of the Waters Advocacy Coalition, filed comments on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ proposed rule to revise the definition of “waters of the United States” applicable to all Clean Water Act programs. The rule would repeal the Trump administration Navigable Waters Protection Rule and codify a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. Raising numerous important concerns, the coalition urged the agencies to withdraw the proposed rule, reconsider the rule while addressing the coalition’s concerns and reengaging stakeholders, and repropose a rule that adheres to the CWA and relevant U.S. Supreme Court precedent.
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On Jan. 26, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it is withdrawing its COVID-19 Vaccination and Testing Emergency Temporary Standard, which applied to employers with 100 or more employees. The withdrawal is effective Jan. 26.
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On Jan. 14, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the department, including the Occupational Safety and Health Administration, for 2022. This final rule went into effect on Jan. 15, 2022. The increased penalty levels apply to any penalties assessed after the effective date of this rule.
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On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome. The Supreme Court remanded the case to the 6th Circuit, which will consider the merits of the case.
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