Presentation Title - the Summit County Safety Council
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Transcript Presentation Title - the Summit County Safety Council
Legislative Update
on Employment & Safety
Related Issues
Pat Grischow
Manager – Government Affairs –
HR & Government Communications
Federal Legislation / Regulation
Expect a very active Congress and Administration
Democrats have control of the US House and Senate
– House: 259 Ds, 178 Rs, 1 Independent
– Senate: 57 Ds, 41 Rs, 2 Independents who caucus with Ds,
New president was one of the most liberal US Senators
Labor unions spent tens of millions on candidates who would support
their agenda
Employers will have to become active to be sure Congress and
Administration understand the impact of their actions on employers
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Federal Legislation / Regulation
What has already passed
ADA Restoration Act ( H.R. 3195 / S. 1881)
– Compromise bill expanded Americans with Disabilities Act
– EEOC Commission stopped rules from becoming effective
Genetic Information Nondiscrimination Act ( H.R. 493 / S. 358)
– Prohibits employment and benefits discrimination on the basis of
genetic information
– EEOC has issued proposed rules for employment provisions
Mental Health Parity Act (H.R. 1424 / S. 558)
– Mandates coverage for mental illnesses at the same level as
physical illnesses
– Includes substance abuse
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Federal Legislation / Regulation
What has already passed
Lilly Ledbetter Fair Pay Act ( H.R. 11 / S. 181)
– Eliminated time limits to file pay discrimination claims
Children's Health Insurance Program Reauthorization ( H.R. 2 / S. 275)
– Reauthorizes & expands State Children’s Health Insurance
Program (SCHIP)
FMLA Expansion for Military Service Family Members and Caregivers
(H.R. 1585)
– Provides FMLA-protected leave to employees caring for injured
military service members and to family members of service
members called to active duty
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Federal Legislation / Regulation
What has already passed
American Recovery and Reinvestment Act of 2009 (H.R. 1 )
– COBRA continuation subsidy of 65% for up to 9 months
– Unemployment benefits extended for as long as 33 weeks
– Unemployment benefits increased $25 per week
– Incentive fund for states to change unemployment insurance
programs to cover workers who quit to care for a sick family
member and certain part-time workers
– Funding for national study on comparative effectiveness of
medical treatments
– Funding to accelerate development and adoption of national health
information technology infrastructure
– More stringent HIPAA requirements
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Federal Department of Labor
Family & Medical Leave Act (FMLA)
– New regulations effective January 16, 2009
– Requires significant changes in administration
US Representative Hilda Solis (D-CA) confirmed as DOL Secretary
– Director of American Rights at Work, union group coordinating
lobbying effort for Employee Free Choice Act
Increased Wage & Hour enforcement
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Federal Department of Labor
Jordan Barab named OSHA’s acting assistant secretary until OSHA
administrator is named
– Former labor safety & health consultant and program coordinator
Expect increased OSHA inspection & enforcement activity
Potential new regulations on dust, silica, ergonomics
OSHA PEL Standard for Hexavalent Chromium upheld by court
– Supports rule based on technological & economic feasibility
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Federal Legislation
What may be on the horizon
Paycheck Fairness Act (H.R. 12)
– Passed by House in January 2009
– Unlimited compensatory & punitive damages under the Equal Pay
Act, weakens employer defenses & expands class actions
– Comparable worth
Employee Free Choice Act (Card Check) (H.R. 1409 / S. 560)
– Eliminates secret ballot election to determine union representation
– Sets time limits & mandatory arbitration for first contract
– Takes away workers right to vote on first contract
– Coalition for a Democratic Workplace: www.myprivateballot.com
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Federal Legislation
What may be on the horizon
Health Care Reform
– Started with SCHIP reauthorization & economic stimulus package
– Expect broad range of proposals to achieve universal coverage
– Funded with tax increases and cuts in Medicare / Medicaid
FMLA Expansion
– Eligibility requirements & covered employers
– Paid leave proposals
Working Families Flexibility Act
– Establishes legal obligation for employer to negotiate work
schedules and locations with individual employees
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Federal Legislation
What may be on the horizon
Worker Protection Against Combustible Dust Explosions and Fires Act
(H.R. 849)
– Requires OSHA to develop standard for combustible dust
– Discards consideration of technological & economic feasibility
Protecting America's Workers Act
– Amends OSHA to cover more workers, increase penalties,
strengthen whistleblower protections
Change Rulemaking Process for Permissible Exposure Limits
– Would discard normal rulemaking process & require adoption of
voluntary consensus standards
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Federal Legislation
What may be on the horizon
Civil Rights Act
– Major rewrite of numerous workplace discrimination law
Re-Empowerment of Skilled and Professional Employees and
Construction Tradeworkers (RESPECT) Act
– Changes NLRB definition of supervisor
National Commission on State Workers' Compensation Laws Act of
2009 (H.R. 635)
– Establishes commission to study & evaluate adequacy of state
workers compensation laws
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Federal Legislation
What may be on the horizon
401(k) and IRA plan changes
– Eliminate tax-favored treatment
– Replace with government-run program similar to Social Security
Energy & climate change legislation
– Significant increases in electricity costs
– Billions in new revenue generated for federal government
– Under cap & trade proposal, Ohio increased cost projected to be
$11.2 billion ($975 per person) per year
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Ohio Issues
Unemployment Compensation Trust Fund
– Claims cost has exceeded fund balance, prompting federal bailout
– Caused by high rate of unemployment & insufficient funding
– Federal economic stimulus incentive funding encourages state
expansion of eligibility
Workers’ Compensation
– Board of Directors reviewing all aspects of system
– Workers’ Compensation Council
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Deloitte study on BWC Web site: http://www.bwc.state.oh.us
Group rating / discount changes
Self-Insuring Employer Work Group
BWC & IC budgets (H.B. 15 & 16) passed by Ohio House
Ohio Issues
Health Care Coverage Expansion
– Started with Medicaid expansion
– Expect proposals to increase access to coverage
Education Proposals
– Funding & education reforms
– Stark Education Partnership: http://www.edpartner.org/
Energy
– S.B. 221 revised regulatory structure for electric public utility
companies
– PUCO hearing requests for huge rate increases from electric
companies
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Participative Democracy
Government impacts all aspects of American business
Policies & laws shaped by many special interest groups
Voters support candidates who reflect their thinking
All sides can speak & participate in political process
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What Can You Do?
Watch & evaluate impact of proposed legislation & regulations
Join organizations
Establish relationships with elected & appointed government officials
Participate in political process
Participate in election process
Communicate! With government officials and your associates
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Questions?
“America is not governed
by the majority, but governed
by the majority of those
who participate.”
Thomas Jefferson
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