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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