Stephanie Salmon, AFS Washington Office; Jeff Hannapel & Christian Richter, The Policy Group, Washington, D.C.


WASHINGTON ALERT


OSHA Delays Phase One of Its New Electronic Recordkeeping Rule


A NUMBER OF BUSINESS GROUPS ARE SUING OSHA IN FEDERAL COURT OVER THE PROVISIONS TO LIMIT INCIDENT-BASED SAFETY INCENTIVE PROGRAMS AND POST-ACCIDENT DRUG TESTING.


On July 13, the Occupational Safety and Health Administration (OSHA) an- nounced that it would delay the effective date of part one of its final rule, “Improve Tracking of Workplace Injuries and Illnesses,” also known as the Electronic Recordkeeping rule, issued on May 12, 2016 [81 Federal Register 31,854]. Te date for implementation of


OSHA’s ban on two programs—Inci- dent-based Safety Incentive and Routine Mandatory Post-Incident Drug Testing —has been moved from August 10, to November 1. Te second portion of the new electronic recordkeeping rule takes effect in 2017.


A number of business groups are suing OSHA in federal court over the provisions to limit incident-based safety incentive programs and post-accident drug testing. Te groups asked a judge to issue a preliminary injunction against the rule on July 12, asserting that OSHA’s ban is arbitrary and capricious. Accord- ing to the plaintiffs, OSHA views inci-


ON THE HILL


EPA Releases a Methodology for Evaluating Beneficial Use


The U.S. Environmental Protec- tion Agency’s (EPA) Office of Resource Conservation and Recovery released two documents to support the beneficial use of industrial non-hazardous secondary materials—a methodology for evaluating beneficial use and a compendium of re- sources. These documents are part of an ongoing EPA effort to provide resources on evaluating beneficial use following the issuance of its rule on the disposal of coal combustion residuals. The new methodology and com- pendium relate to both encapsulated and unencapsulated beneficial uses of industrial non-hazardous secondary materials. Some important criteria for


unencapsulated uses, such as fill, is to evaluate potential contamination to ground water. According to EPA, these resources will “help address one of the primary barri- ers to increasing beneficial use of second- ary materials: a lack of risk information and tools to help decision-makers evaluate the potential for adverse impacts to human health and the environment.”


Transportation Department Awards $759 Million in New Infrastructure Projects


In July, the U.S. Department of Trans- portation (DOT) announced that 18 highway, bridge, port and freight projects are in line to share $759 million in grants under the Nationally Significant Freight and High- way Projects Program. The program, also


known as the Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grants, is a new competitive grant program established under the Fixing America’s Surface Transportation (FAST) Act to provide funding for nationally significant high- way, bridge and freight projects. The program will extend for four more years. Next year’s allotment will be $850 million, subject to appropriations. A complete list of projects selected by DOT is available here: http://trans- portation.house.gov/uploadedfiles/fast- lane_project_awards_7.1.pdf


For additional information, contact Stepha- nie Salmon, AFS Washington Off ice,


202/842-4864, ssalmon@afsinc.org. August 2016 MODERN CASTING | 19


dent-based safety incentive programs and routine mandatory post-incident drug testing programs as retaliatory. Employers are still required to


inform employees that they have a right to report work-related injuries and illnesses and inform employees


that employers are prohibited from discriminating against employees from reporting such injuries and ill- nesses by August 10, 2016. This can be achieved by posting the manda- tory OSHA Job Safety & Health— It’s the Law poster.


A number of business groups are suing OSHA in federal court over the provisions to limit incident- based safety incentive programs and post-accident drug testing.


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