Variety of Labor and Employment Bills Introduced in 112^th Congress

• In January, Senators Jay Rockefeller (D-WV), Tom Harkin (D-IA), Patty Murray (D- WA) and Joe Manchin (D- WV) reintroduced the Robert C. Byrd Mine and Workplace Safety and Health Act (S. 153) in the 112^th Congress. In addition to strengthening the enforcement, penalty, and whistleblower provisions of the Mine Safety and Health Act, the measure would amend the OSH Act by expanding its coverage, increasing whistleblower protections, and enhance employer penalties for violations. The House failed to pass a similar bill by the same name during the last Congress. We anticipate hearings on the legislation in the months ahead.
  
  Rep. Lynn Woolsey (D-CA) reintroduced the Protecting America’s Workers Act (PAWA) (H.R. 190) which contains the OSHA-related provisions only. It is unlikely that H.R. 190 will advance in the Republican-controlled House.
  
  
• The Worker Protection Against Combustible Dust Explosions and Fires Act (H.R. 522), which was introduced by Rep. George Miller (D-CA), would require the Secretary of Labor to issue an interim occupational safety and health standard addressing worker exposure to combustible dust within one year and a proposed rule within 18 months.
  
  OSHA is already in the process of drafting a proposed rule on combustible dust. The agency’s regulatory agenda shows that the agency plans to initiate its Small Business Regulatory Enforcement Fairness Act process in April 2011. It typically takes about 120 days to complete. An AFS member company is scheduled to participate.
  
  
• The Ensuring Worker Safety Act (H.R. 571) would require a heightened review process by the Secretary of Labor of state occupational safety and health plans. The bill would establish a formal mechanism for OSHA to identify a problem with an OSHA State plan and compel a remedy without beginning the process for withdrawing approval. The measure also would provide OSHA with concurrent enforcement authority while a State plan is remedying deficiencies or being withdrawn, after 30-days’ notice of official federal action and an opportunity for a public hearing.
  
  
• The Equal Employment for All Act (H.R. 321) would, with certain limited exceptions, prohibit the use of credit checks on prospective and current employees for employment purposes. The limitations imposed by this bill would not apply to job applicants subject to a national security clearance, those applying for public-sector positions that require a credit check, or candidates for supervisory or managerial positions at financial institutions. This bill has been referred to the House Committee on Financial Services.
  
  
• The Reform America's Broken Immigration System Act (S. 6), introduced by Sen. Majority Leader Harry Reid (D-NV), calls for no specific reforms, but rather would declare it the “sense of the Senate” to, among other things:
  pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry, implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers; and require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws.
  
  
• A measure introduced by Rep. Peter DeFazio (D-OR) would create an electronic employment eligibility verification system “to ensure that all workers in the United States are legally able to work.” This bill has been referred to a number of House committees for consideration. Given the current makeup of Congress, with a Republican-controlled House and closely divided Senate, the prospects for enacting these bills appear unlikely. We will continue to report on these bills in the event any gains traction.

For more information, contact Stephanie Salmon, Metalcasters Alliance for Government Affairs Washington Office, 202/842-4864 or ssalmon@afsinc.org.