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<p>This week, �鶹��ý delivered a <a href="http://newsmanager.commpartners.com/agcleg/downloads/2016-05-25%20Letter%20on%20Recordkeeping%20Hearing.pdf"><u>letter</u> </a>to the House Education and the Workforce Committee for a hearing that examined the Occupational Safety & Health Administration’s (OSHA) rule on Improved Tracking of Workplace Injuries and Illnesses. �鶹��ý is concerned the rule will significantly limit how employers are able to enforce policies that have been established to ensure timely reporting of incidents, as well as implement and enforce other safety and health policies. The rule could discourage employers from administering post-accident drug testing, and the rule would also place employer safety incentive programs in jeopardy.</p>

<p>Court officials announced late last week that an �鶹��ý of America-backed lawsuit to block the Obama Administration’s misguided new silica rule will be heard in the D.C. Circuit Court.  �鶹��ý, via the Louisiana �鶹��ý, filed suit in the 5th Circuit earlier this month to block the measure, arguing that the Administration established a new standard that is beyond the technological limits of current dust removal equipment. As a number of other groups filed similar motions in other circuit courts, judicial officials were forced to select a venue via random lottery.  While the DC Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable.</p>

Court officials announced late last week that the �鶹��ý of America backed lawsuit to block the Obama administration’s misguided new silica rule will be heard in the D.C. Circuit Court. �鶹��ý, via the Louisiana �鶹��ý, filed suit in the 5th Circuit earlier this month to block the measure arguing that the administration established a new standard that is beyond the technological limits of current dust removal equipment. However, a number of other groups filed similar motions in other court circuits, forcing judicial officials to select a venue via random lottery. While the D.C. Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable. As we mentioned in our earlier communications on this lawsuit, the legal challenge is a long, lengthy and far-from certain tactic. That is why �鶹��ý is continuing to push for legislation in Congress to force the administration to put in place workable silica measures that will be far more effective in improving workplace health and safety.

The Obama Administration released its final silica rule today that retains many of the flawed provisions �鶹��ý warned administration officials about earlier this year. Of primary concern is that the final rule sticks with the same, unattainable silica exposure limit included in the proposed rule. However, the administration did agree to remove the extremely restrictive regulated areas requirement that would have forced construction workers to seal off and restrict access to every part of a construction project where dust is being generated. For more information about the rule, click here and here. Please contact your members of Congress and urge them to block implementation of this rule until it can be proven to be technologically and economically feasible.

Help Us Spread the Message – Contact your Congressman �鶹��ý is supporting legislative attempts to force the Occupational Safety & Health Administration (OSHA) to prove that their proposed rule to regulate the hazards of crystalline silica exposure is technologically and economically feasible prior to finalization, implementation or enforcement. Please contact your Congressman and help block implementation of OSHA’s proposed rule on silica.

Sundt Construction, Inc. of Tempe, Ariz. was named the nation’s safest construction company in 2015 by the Associated General Contractors of America. The association, which oversees the Willis Towers Watson Construction Safety Excellence Awards, an annual ranking of construction safety programs, noted that 51 other companies were selected as winners for the quality of their safety programs.

On January 18 – 19, 2016, �鶹��ý safety and health committee volunteers will be conducting their initial review of applications submitted for this year’s Willis/�鶹��ý Construction Safety Excellence Awards (CSEA). This year we have 98 companies from across the nation vying for the best of the best in construction safety and health. The purpose of the CSEA is to recognize �鶹��ý member companies who excel at safety performance. The review will examine each applicant’s commitment to safety and occupational health management and risk control. Unlike other safety awards programs that limit the criteria to injury and illness frequency rates, the CSEA selection process is considerably more comprehensive. After the initial review judging, the finalists in each divisional category are notified and will compete at the 97th �鶹��ý Annual Convention in San Antonio, TX. The winners, including the grand award winner, will then be announced at the Willis Safety Awards Breakfast on March 10, 2016.

As previously reported by �鶹��ý, the Bipartisan Budget Act was a two-year budget agreement that Present Obama signed into law on Nov. 2. The bill included a provision that repeals the prohibition against adjusting the Occupational Safety & Health Administration (OSHA) civil penalties for inflation. Unlike other similar federal civil penalties – which are covered by the Federal Civil Penalties Adjustment Act of 1990 – the OSHA civil penalties have been explicitly exempted from inflation since 1990. This means that OSHA penalties will now increase for the first time in 25 years.

The Bipartisan Budget Act removes a statutory exemption from penalties under certain statutes, including the Occupational Safety & Health Act, from inflation for civil penalties. Unlike other similar civil penalties in federal law, the Occupational Safety & Health Administration (OSHA) civil penalties have been explicitly exempted from inflation since they were created in 1990. Under the Budget Act, OSHA will now have to report on their adjustment in their annual financial statements and via the Government Accountability Office. The bill also allows the agency to use a “catch up” formula to make up to 150 percent adjustments in the penalty in the first year to meet current inflation levels. The Secretary could limit the increases if there’s a negative economic impact that outweighs benefits and any proposed increase in penalties would go through the formal notice and comment process.

On Oct. 28, 2016, �鶹��ý submitted comments as part of the Coalition for Workplace Safety in response to the Occupation Safety and Health Administration’s (OSHA) “Clarification of an Employers Continuing Obligation to Make and Maintain Accurate Records of Workplace Injuries and Illnesses” proposed rule. This rule would revise the recordkeeping regulation to allow the agency to cite for inaccuracies on an employer’s OSHA 300 Log.