The US Department of Labor (DOL) governs and enforces upwards of 180 federal laws covering workplace activities. The DOL’s principal statutes are applicable to businesses, job seekers, workers, retirees, contractors and grantees. You are most likely familiar with some of the major topic areas – wage and hour, workplace safety and health, workers’ compensation, employee benefit security, USERRA, employee polygraph protection and FMLA. But of recent interest is the DOL’s announcement to update regulations and decrease burden on businesses. The published rules balance President Obama’s goal to modernize the regulatory system. Executive Order (EO) 13610 literally addresses identification and reduction of regulatory burdens. Although regulations play an important role in protecting various areas, overtime they can become burdensome and costly. It is best to analyze these regulations before they become burdensome, but that isn’t always possible. The Executive Order serves as a “housecleaning” mechanism to keep the economy on track and improving as we move into 2014.
There are four rules in particular that will be updated or rescinded to facilitate the reduced burden on employers. Not all businesses are affected by the updates.
The first rule from OSHA updates and consolidates the standards of use for mechanical power presses. Specifically, the new rule will eliminate the employer requirement to document mandatory weekly inspections of presses. Removal of weekly inspection and test certifications will reduce time spent handling unnecessary paperwork. Unless OSHA receives a substantial number of adverse comments by December 20, 2013 the final rule will take effect February 18, 2014. For those interested in submitting comments electronically click here. Additionally, OSHA will align provisions of the existing standard to aspects of the American National Standards Institute requirements for mechanical power presses. Details can be viewed by clicking here.
The remaining three rules fall under Employment and Training – rescinding outdated Foreign Labor Certification regulations for the H-1A and 2A, and F-1 programs. If you aren’t familiar with the terms the H-1A visa program provided rules governing health care facilities using non-immigrant foreign workers. The EO will remove the regulation that has no legal authority since the Immigration Nursing Relief Act of 1999 was not extended beyond 2007. This will help to avoid confusion for those affected. Then we have the final rule for ETA Labor Certification Processes for logging employment and Non-H-2A agricultural employment. In 2010, employment of foreign loggers was included within the definition of “agricultural labor or services”. Because the old rule no longer carries force and effect it has been rescinded. The last area affected by measures to reduce burdens on businesses encompasses rules that at one time governed employers seeking to hire F-1 (foreign students) as part-time workers off-campus. Subparts J & K have become obsolete and therefore have no force or effect. For more information regarding this area click here.
As you may be aware, employers must first seek labor certification through the DOL before hiring foreign workers. There are several steps in the foreign labor certification process which are the responsibility of the employer and vary depending on the nature of the visa. More information can be obtained through the DOL’s Employment & Training Administration, Foreign Labor Certification site.
Got questions about foreign labor? Give us a call. Compliance Poster Company’s Research & Compliance Team keeps your business current with labor-related products, service and support tailored for your industry.