Inside ICI


Federal Workplace Rules on the Horizon Government Affairs Committee Update


This is the time of year when


Federal agencies announce their regulatory agenda for both the short- term, as well as long-term, regulatory actions. The so-called Unified Agenda issues twice yearly. The OSHA agenda for the Department of Labor includes nine regulations in the pre-rule stage, five in the proposed rule stage, and six in the final rule stage. One of OSHA’s long-term regulatory rulemaking goals relates to two of the more controversial enforcement issues to arise under the agency in recent years. Many employers utilize “Safety


Incentive Programs” as part of their overall approach to workplace safety. They generally involve some type of award, either monetary or such items such as laptop computers or flat screen


NEW MEMBERS


Institute Welcomes New Members KING TESTER CORPORATION 308 Schell Lane Phoenixville, PA 19460 USA Phone: (610)279-6010 www.kingtester.com Official representative is Annmarie Hafer, Marketing


Director. Alternate representative is William Knight. KING Tester Corporation is the industry leader in the manufacturing and distribution of portable Brinell hardness testers, Rockwell testers, microscopes and test blocks. KING Tester received the ISO 17025 accreditation from the American Association for Laboratory Accreditation (A2LA).


All products manufactured by KING Tester are certified and calibrated per ASTM E10 standards.


Look for our ICI Member Directories in issues of INCAST Magazine... the February issue features our Industry Suppliers and the August issue features our Investment Casters Directory. Our online website directory of Members can be accessed at any time on our website at


www.investmentcasting.org. 6 ❘ June 2019 ® MIC GROUP


1801 Industrial Blvd. Brenham, TX


77833 USA


Phone: (979)203-1011 www.micgrp.com Official representative is Taylor Smith. With experience using a broad range of material and product shapes, MIC Group’s onsite foundry utilizes the Lost Wax/Investment Casting procedure to provide a very unique in-house service for our customers.


televisions for which employees with a clean safety record for a specified period of time become eligible to win. For much of the past two years or so OSHA, in its push to encourage more accurate and consistent reporting of workplace injuries, took the position that safety incentive programs potentially reduce the reporting of employee injuries. The reasoning was that employees would be reluctant to report an injury if it caused them or their fellow employees to be ineligible for the incentive. Such programs were deemed to be violations of 29C.F.R.§ 1904.35(b)(1)(iv). Similarly, due to the same concern


for accurate reporting of workplace injuries post-incident drug testing came under scrutiny. Such drug testing was deemed potentially retaliatory against


an employee who reported a workplace injury. This was due to the fact that the fear of being drug tested might result in more failures to report and cause inaccurate workplace injury reporting in general.


OSHA attempted to address


these two enforcement concerns with a memorandum to Regional Administrators in October, 2018. The memorandum, among other things, clearly noted that neither workplace safety


incentive programs nor post-


incident drug testing were prohibited by the regulation. The proposed revisions to that regulation are OSHA’s efforts to confirm by formal rulemaking what was addressed in the 2018 memorandum. The revised rule is expected to become effective by September, 2020.


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