OSHA “Walk-Around” Policy Stomped On

The Occupational Safety and Health Act (OSH Act) includes many regulations affecting employers, and in February of this year, one of these regulations took on a new definition to allow union representatives to participate in a non-union employer’s walk-through during a physical inspection.

The regulation states that during a physical inspection, the employer, and an employee representative may accompany the compliance officer. The old interpretation stated that the employee representative “shall be a representative of the employees” and the new interpretation states “authorized by the employees.”

Read here for more technical information on the regulation.

Employers of non-union employees will need to add this to the growing list of concerns of opportunities for unions to come into the workplace and encourage union participation, in addition to reminding you the importance of staying on top of regulations affecting your business – and your bottom line.

Minimum Wage or Maximum Hassle?

In his State of the Union speech, President Obama addressed the need to help the middle-class and reports are starting to surface that new minimum wage laws will be addressed this summer on Capitol Hill. Now is the time to take a more in-depth look at how these minimum wage laws might affect systems integrators.

As of now the federal minimum wage is $7.25 an hour. 19 states and the District of Columbia have minimum wages above that; 10 states are below or have no minimum wage; and the rest remain at the federal wage. During the 2013 state legislative sessions, 33 states have introduced minimum wage legislation. As the economy is beginning to stabilize, is now the time to increase the rates?

Additionally, 5 bills have been introduced at the federal level, including one by Senator Harkin (D-IA) to raise the federal minimum wage to $10.10 (S. 460). This is where the details matter – the Fair Minimum Wage Act of 2013 includes “indexing” of minimum wages so that after it reaches $10.10, it would increase to adjust to cost of living increases. This would place a huge burden on small businesses.

Experts have proven that raising the minimum wage has not truly affected unemployment rates (one of the biggest concerns for raising the minimum wage), but would argue that the minimum wage is currently at a good rate to differentiate between skilled and un-skilled labor. If you go too much above that rate, then you will see unemployment (especially now when more college graduates are taking minimum wage jobs, just to have a job).

Here are your basic pros and cons for raising the minimum wage:

Pros:
• Provides an incentive for un-skilled workers to get the training needed for higher paying jobs
• Decreases poverty levels, therefore decreasing government funding on low-income programs
• Puts more tax money back into the system with more people working
• Job security – in tough economic times, those with lower paying jobs are more than likely to keep their jobs so executives don’t have to hire and train new employees

Cons:
• Unemployment increases among all types of workers – skilled or un-skilled (therefore increasing the poverty level)
• Decreases job growth as small businesses may not be able to afford the new minimum wage, putting more burden on small staffs
• Increased pricing in goods and services (to cover labor costs)
• Small businesses will struggle to pay employees varying rates in order to compensate for increased wages

You could argue the pros and cons are quite subjective.  For example, only those motivated to get jobs will go get the training. Others have found it’s better to live off of unemployment than it is to go and actively look for a job – in some cases they might make more money on unemployment than taking a minimum wage job. Only if more people are working will more money be put back into the government and save the feds from funding low-income programs.

This opens a bigger issue: training. Perhaps this is a solution to getting more people in skilled jobs – provide more training programs through federal programs, and ones that aren’t controlled by the Unions. There are some efforts being discussed on Capitol Hill to address this issue as well, and industry support and programs, such as ESPA, could provide great opportunities to put more skilled labor in the workforce, giving more people money to spend or save, therefore helping the economy. More and more community colleges and technical training schools are becoming relevant once again as students are realizing the outrageous costs of getting a higher education to work in a minimum wage job.

The fact is that there are both pros and cons to the minimum wage – but more has to be done beyond just raising the minimum wage to incentivize growth in employment and the economy.

Be the Voice. Be the Change. Be the Solution.

It’s time for a different kind of blog on “Get the GAB.” We typically cover policies affecting systems integrators, but after this week’s events – it’s time to take a stance.

This week is evidence enough that it is time to put words into action and come up with a viable solution to assist in public safety. On Monday we witnessed the tragic twin bombings during the Boston Marathon; Wednesday, a fertilizer plant exploded in Waco, TX; and a variety of severe weather threats throughout the Midwest and southern states are expected to continue through the weekend. If that isn’t reason enough to understand why emergency communications systems are a critical component to any public venue or event – I’m not sure what is.

12 years ago, I witnessed the tragic events of 9/11 in Washington D.C. My office was one of the first to evacuate the U.S. Capitol complex. We left our offices not knowing where to go, what to expect or how long we’d be gone. After fleeing the building, we saw an airplane fly too close for comfort over the Capitol building – mass chaos broke out and everyone franticly ran for safety – it was a scene from a movie and one you never expect to be a part of.

Many people have continued to live their lives as if 9/11; the Oklahoma City Bombing; Waco; Colorado shooting; Joplin, MO; Sandy Hook; Super Storm Sandy, and now Boston never occurred – but others are still unable to fly or return to a movie. Even I had a moment of second-guessing my attendance at a hockey game this week – but we can’t live in fear, and we shouldn’t let others. We can’t get too comfortable, but this integrator community can help put the public at ease and ready to live each day to its fullest – with little to no fear.

All of these events have given me a reason to write this blog and ask for your help. We aren’t going to stop these types of acts from happening, but you, the NSCA member, you have the expertise and capabilities to take a leadership role in providing solutions that will help the community affected in protecting lives and assets. Let that be your philosophy to your customers.

Businesses in and around the Joplin, Kansas City area recognize the value in these systems after the devastating storms –  let’s get the rest of the country feeling this way. Help people know what to expect, where to go and why, who to communicate with and when. This isn’t simply about fire alarms – this is about integrating A/V, security, IT, and other life-safety technologies and applications to provide public safety and assurance.

If you’re not familiar with mass notification and emergency communications systems (MNEC/ECS), get to know them, and get to know them well because the public needs you to be aware and to care. We should always be diligent, but when the public attends an event or gets caught in a storm, they should be equipped with a sense of security that the technology will allow them to evacuate and find shelter quickly and safely – even in the midst of distress.

We don’t need policy to drive this initiative. The Department of Defense was given a directive to incorporate these systems into their facilities and they did. We are capable right now to put these systems into place – we just need more buy in from government and code officials.

It is clear that now MNEC systems must be mandatory in other public venues, regardless of commercial, private, healthcare, educational, or outdoors

Organizations like the National Fire Protection Association (NFPA) have created codes to set a standard for public safety, but unless 1) government officials know about these codes, 2) the state requires these updated codes, and 3) officials have funding to implement the code changes, only the most aware and responsible facility owners and managers will implement these initiatives, and provide MNEC systems in their private facilities.

Take the reins and become the leader on MNEC systems and applications – understand the MNEC marketplace and pay attention to individuals who are currently offering these solutions. This is taking the technology you know and love to a new level while simultaneously offering a positive public service.

As people are being interviewed on their way out of a building, or event after an emergency, they can say they knew what to do, where to go – all because technology aided us in what to do. You can pat yourself on the back knowing that you saved a life because you provided a solution that every facility manager, event planner, security director, and government official needs to know.

Regardless of if it’s an act of violence, severe weather, a spontaneous fire or a chemical disaster; you have the opportunity to be the voice, the change, the solution. Take the steps toward being the leader attend NSCA’s MNEC Symposium, in conjunction with PSA’s PSA-TEC event, May 9, in Westminster, Colorado – you won’t regret it.

Noel Canning v. NLRB

Over the past several months (ok, years really) the NLRB has become a source of pain for many small business owners and managers. After the failure of “Card Check” legislation in Congress, the NLRB took on the crusade to incorporate many of the concepts from the Card Check legislation into individual policies.

And without much success…

A quick review shows that the NLRB Board has had decisions overturned including:
• Ambush Elections 
• Poster Rule 
• Recess Appointments 

In January, the DC Court of Appeals ruled that President Obama violated the Constitution when he bypassed the Senate to fill NLRB vacancies on the board with new nominations. The case was overturned primarily due to the argument One if the Senate was in recess or not. This case led to even bigger issues – other recess appointments occurred, including the Consumer Finance Protection Bureau, which allows any decision made during these “illegal” appointments to be challenged, even reversed.

The Coalition for a Democratic Workplace (CDW) has been encouraging its membership (trade associations, small businesses, etc.) to ask their employers to challenge decisions made since January 2012. Starbucks, Time Warner, Lab Corp, and others have taken up this challenge, which in many cases, included hefty fines for back-pay or wrongfully terminating employees.

The employer community heard there wouldn’t be much of a battle, and the NLRB would continue to do business as is. President Obama did in fact re-nominate the exact same candidates shortly after the ruling came out.. Additionally, on Tuesday, the NLRB issued a statement saying that they were skipping a repeal process in the Noel Canning v. NLRB case, and will go directly to the Supreme Court. This petition must be filed by April 25, 2013.

With so many potential solutions – re-nominating candidates, repealing a court decision, introduced legislation and more – what employers will actually be held accountable for is one of the greatest unknowns out there.

Stay tuned for more on this issue.

Who’s Running My Business? States Meddle with Prevailing Wage

During the last week of tracking legislation, I ran across an interesting bill in California, AB 1294, which raised some questions and a few red flags – and really, the biggest worry I had was that the government would be defending your business – not you.

This bill deals specifically with prevailing wage issues in California. Currently, when there is a discrepancy over prevailing wage, payroll etc. on a public works project, the Labor Commissioner issues a penalty and an investigation. The employer being investigated has the right to request a review of the penalty through a hearing. The employer must prove if the basis for the penalty is correct.

In California, AB 1294 would now require the Labor Commissioner to prove the basis for the penalty. Now, you can look at this one of two ways. One, the Labor Commissioner will be too busy to do the investigative work and drop the penalty to save time. Or two, the state needs the money and the Commissioner will find something wrong no matter what, forcing you to pay the penalty regardless and the state makes some money – on your behalf.

Regardless of what reason may be true, it takes away your right as a business owner or manager to defend yourself, your business, and your profits.

Prevailing wage, regardless if it’s state or federally required, is a by-the-books deal. Certified payrolls, proper classification, ratios of apprentices to licensed installers, hours worked – all of this will be reviewed in any prevailing wage case. You should always be on your toes in any Davis-Bacon or prevailing wage job.

So far 2013 has been quiet in the states, but we are seeing some trends regarding prevailing wage and licensing that will be discussed in the coming weeks. In the meantime, I urge you to check out prevailing wage bills affecting the states you work in by visiting our interactive state map on legislative issues.

Dun Dun Dun…. OSHA Regulations

This week, we received a few updates on some of the key regulations from OSHA – the dreaded agency that instills fear into business owners and employees alike. OSHA regulations often involve workplace safety and cover office equipment, personal protection, injuries and everything in-between. In our industry, it’s important to know what you have to prepare for during an inspection, but also how to protect yourselves, your employees, and your profits. Many regulations add unnecessary administrative costs, equipment purchases and training.

Each spring and fall federal agencies are expected to release a regulatory agenda that establishes rules that either further define passed legislation, or create new rules that affect most businesses. 2012 saw many of the agencies watch those deadlines come and go, and finally in late December, the Department of Labor (DOL) and others, including OSHA, started to release what has just become the 2012 regulatory agenda.

It is our goal to help you understand why you need to be paying attention to these regulations that you may have previously disregarded. Expensive fines can make or break your profits, so being aware, understanding, and communicating these changes affecting your employees and your business plan are vital.

While the government doesn’t always work very fast, there is an aggressive agenda. Below are some of the regulatory agenda items from OSHA that you should become acquainted with that appear to be a part of the Obama administration’s priorities.

• Injury and Illness Prevention Program (I2P2)
The proposed rule would require employers to establish injury and illness prevention programs for their own workplaces. Delayed in 2011 due to lack of obtaining comments from enough small businesses, its back on the priority list. Small business panels are expected throughout 2013, with a rule expected December 2013.
Why should I care?
This rule will add a plethora of new reporting and safety measures that adds additional administration costs, training and expenses. Many in the business community are saying a proposed rule on I2P2 would put a lot of scrutiny on OSHA and the effectiveness of other programs such as Ergonomics. Setting a standard for all businesses to follow is quite the under-taking.

• Combustible Dust
This had been delayed and is now part of the 2012 (2013) agenda. It also gained momentum because of NFPA 652 – currently in the development stages. OSHA had discovered a number of cases of deaths in the workplace because of combustible dust and fire hazards and OSHA wants to take credit for doing something about it.
Why should I care?
The problem is that combustible dust is not a single hazard – it’s a product of several circumstances – and OSHA needs to take in consideration all of these circumstances, which more than likely, they will not. This is especially critical to the construction industry.

• Occupational Injury & Illness Recording & Reporting Requirements: NAICS Update & Reporting Revisions
This rule changes the requirement of how you report hospitalized employees, and other injuries including amputations, to OSHA. Right now, if three or more employees are hospitalized you have to report to OSHA. OSHA is proposing that now it’s any employee hospitalized.
Why should I care?
Never mind the logistical and administrative nightmare, but what is the timeline and when it’s not considered a work hospitalization or due to a work circumstance, the only way to report the hospitalization is through a toll-free phone call which gives no record of reporting, additional citations and more fines.

It also appears the whistleblower policy is getting some raised eyebrows and how it might affect other regulations. We at NSCA will be monitoring these regulations as they move forward and we ask for your assistance in providing comments to protect your business.

At the Last Minute…

We’ve all been guilty of waiting until the last minute to complete a task – it could be because of laziness, other priorities, needing more information, waiting for others, but over the last two weeks, we saw waiting until the last minute at its finest. Congress technically failed to pass legislation to stop the “fiscal cliff” before December 31, 2012. However, Congress did pass H.R. 8 – The American Taxpayer Relief Act of 2012 just before midnight struck on January 1, 2013 – ensuring continued tax relief for the majority of taxpayers.

Yesterday, the 113th Congress was sworn in, and not despite controversy. Fingers were pointed at the Speaker of the House for his role in the fiscal cliff negotiation, aid for Hurricane Sandy victims and damage… but the GOP still believes in his leadership capabilities. Despite not discussing the spending cuts in the fiscal cliff compromise, and getting some of his campaign promises on the books (raising taxes for the wealthiest Americans – representing 2% of taxpaying citizens), President Obama warned Congress he would not get into another debate regarding the debt ceiling and spending cuts.

We’ve heard a lot about changing the thought process and mentality of our society – but where do we start? How do we start? The people who have talked about this need for change most are the people guilty of blaming, accusing, and procrastinating on putting sound policies into place.

Now is not the time to wait until the last minute. Employers, employees, business owners, managers, taxpayers – there are still many, many policies and regulations that need to be focused on that will make a major impact on our day-to-day lives, both personally and professionally, including the debt ceiling, spending cuts, healthcare, regulatory agenda, social security, labor issues… the list goes on. All eyes will be on this new Congress and their ability to work together with their constituencies, the President, and between themselves. Will they wait until the last minute? Only time will tell.

While we anxiously await our future in the hopeful hands of a new Congress, read the latest Legislative Alert on the tax increases and tax extensions included in H.R. 8, and get planning for your own financial success in 2013!