LEGISLATIONSC Representatives Introduce Job Protection Act Rep. Tim Scott (R-SC) has introduced the Job Protection Act to underscore current protection of state laws in the National Labor Relations Act. Initiated with his South Carolina colleagues, Reps. Joe Wilson (R-SC) and Trey Gowdy (R-SC), this legislation will prevent the National Labor Relations Board (NLRB) from moving forward with their case against Boeing or attempting similar action against other companies. The measure explicitly clarifies that the NLRB cannot order an employer to relocate jobs from one location to another, guarantees an employer the right to decide where to do business within the United States and protects an employer’s free speech regarding the costs associated with having a unionized workforce without fear of such communication being used as evidence in an anti-union discrimination claim. TRADEUSTR Kirk Addresses US Conference of Mayors “We are working every day with our partners in the House and Senate toward the informal markups that need to be held before these agreements are formally submitted. “The bottom line is that there are real job-building opportunities on the table. That’s why we are working so hard to bring home the full benefits of trade for American businesses, workers, and families, in cities and communities across the country,” Kirk told the audience. “These efforts are part of the President’s overall plan to win the future for America. After all, he has challenged us to out-educate, out-innovate, and out-build other countries, so that we can continue to out-sell and out-compete the rest of the world.” Kirk concluded, “As a former mayor, I know all of you want to seize every opportunity to create jobs, both in terms of the big picture and the bottom line. That’s our common goal, and I look forward to working with you to achieve it.” REGULATIONSObama Officials Put Regulations on Chopping Block The “look-back” plan comes after President Obama’s January 18, 2011 Executive Order calling for a government-wide review of regulations that are “out-of-date, unnecessary, excessively burdensome or in conflict with other rules,” according to the White House. New OSHA Standard for Metals Industries The Occupational Safety and Health Administration (OSHA) recently issued a new directive establishing a National Emphasis Program (NEP) for the Primary Metals Industries. The purpose of this NEP is to identify and reduce or eliminate work exposures to harmful chemical and physical hazards in establishments producing metal products. Among the establishments are those that manufacture nails, insulated wires and cables and steel piping. Previous OSHA inspections of establishments in this industry revealed that workers were exposed to metal dusts and fumes, carbon monoxide, lead and silica, among other substances. Inspections also showed that workers were exposed to noise and heat hazards. OSHA developed this program because of the seriousness and frequency of these problems. “Workers who are not properly protected from the hazards of metals refining are at increased risk of serious, potentially deadly health effects,” OSHA announced. “OSHA’s new enforcement program will raise awareness of the dangers of exposure to metals and other chemicals so that employers can correct hazards and comply with OSHA standards.” Workers exposed to various substances found in these industries can suffer damage to the eyes, nose, throat and skin and can experience difficulty breathing and chest and joint pain. Overexposures can also lead to death. The goals of the NEP including minimizing or eliminating exposure to chemical hazards and physical hazards such as noise and heat. Other goals include inspecting facilities that manufacture primary metals and metal products and conducting follow-up visits to ensure that there has been a reduction or elimination of exposures. New Regulations Bill Voted On Recently a majority of the United States Senate voted in favor (53-46) of an amendment (S. 1030) introduced by Sens. Olympia Snowe (R-ME) and Tom Coburn (R-OK) to strengthen the Regulatory Flexibility Act (RFA) by requiring federal agencies to review regulations that significantly impact small businesses. The amendment was not adopted however due to a parliamentary maneuver requiring a 60-vote threshold. The Freedom from Restrictive Excessive Executive Demand and Onerous Mandates (FREEDOM) Act would provide small businesses with much-needed relief from the burden of inefficient, ineffective or needlessly onerous government regulations. Specifically it would have overhauled federal law dealing with small business regulation to require agencies to consider “indirect impacts” of the effects of regulations on small businesses. Additionally, it would have imposed new requirements for input by small businesses on EPA and OSHA, while also requiring each agency to consider the effect of non-binding guidance documents on small firms. The FREEDOM Act would strengthen the RFA (the legislation enacted in 1980 requiring federal agencies to conduct small business analyses for any regulation that would impose a significant impact on a substantial number of small firms) by:
This vote comes as House Republicans are preparing to advance a suite of sweeping regulatory overhauls. Legislation (H.R. 527) offered by House Judiciary Chairman Lamar Smith (R-TX) contains regulatory “lookback” provisions similar to those in Snowe’s bill. It also would require agencies to weigh the indirect effects of regulations on small businesses - a requirement criticized by Democrats at a hearing on the measure earlier this year. Another bill (H.R. 1705) would establish a new federal inter-agency committee to conduct cost-benefit analysis of numerous EPA air quality rules. Finally, the House in the coming weeks is expected to take up a bill (H.R. 10) that would require congressional approval of all regulations with an estimated annual economic impact of $100 million or more. A Senate companion measure (S. 299) currently has 27 co-sponsors. One last regulatory bill was introduced in the Senate by Sen. Rob Portman (R-OH), with Sens. John Cornyn (R-TX), Mike Crapo (R-ID), Mike Enzi (R-WY), Orrin Hatch (R-UT), Jim Risch (R-ID) and Pat Toomey (R-PA) as co-sponsors. This legislation would reduce excessive unfunded government mandates on job creators, giving htem grater freedom to invest in their companies and hire new workers. The measure would strengthen the Unfunded Mandates Reform Act of 1995 (UMRA) for which Portman was a lead co-sponsor in the 104th Congress when he served in the House. UMRA was a bipartisan effort to prevent Congress and federal regulators from blindly imposing major economic burdens on the private sector without weighing the costs and benefits. Sen. Hatch asserted, “With our unemployment topping nine percent, Washington needs to stop pushing more mandates and costs onto the backs of our nation’s small businesses and job creators. More regulations and mandates is the wrong prescription to jump starting our economy. This legislation makes sense and gets Washington out of the way to businesses can get back in the business of hiring.” Among other things, the bill would require agencies to specifically assess the potential effects of new regulations on job creation or job loss; consider market-based and non-government alternatives to regulation; require agencies to choose the least burdensome regulatory option that achieves the policy goal set out by Congress; extend UMRA to independent agencies; and permit courts to review an agency’s economic impact analysis under UMRA. AWPA
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