Facility managers, especially those in older buildings, need to take precautions to prevent lead poisoning or exposure to themselves and building residents. Their experience may prove helpful to the U.S. Department of Labor (DOL) which announced this week that its Occupational Safety and Health Administration (OSHA) is asking the for public feedback on modifying its current standards for occupational lead poisoning and exposure. According to the DOL, recent medical research has shown that lead exposure is more dangerous at lower blood levels in adults than what is reflected by OSHA’s current lead standards. OSHA published an “Advanced Notice of Proposed Rulemaking” (ANPRM) to collect public input on revising the current OSHA lead standards to help prevent harmful effects due to lead poisoning and exposure. OSHA is asking the public to specifically comment on the following areas of the lead standards: Blood lead level triggers for medical removal protection Medical surveillance provisions, including triggers and frequency of blood lead monitoring Permissible exposure limit Ancillary provisions for personal protective equipment (PPE), housekeeping, hygiene, and training. The ANPRM also seeks comments concerning the current practices of employers regarding workplace lead exposure and the associated costs. To submit comments, read the Federal Register notice for instructions. All comments must be submitted online by August 29, 2022. Refer to Docket No. OSHA-2018-0004 when submitting your input. Appy for an OSHA Safety Training Grant today!
[caption id="attachment_15367" align="aligncenter" width="800"] ISSA Director of Government Affairs John Nothdurft with award recipients Tricia Holderman, Elite Facility Systems president and CEO, and James Purcell, Shamrock Investment Group and Products Chemical Co. LLC president and CEO.[/caption] ISSA announced the recipients of the 2022 ISSA Advocate of the Year Awards presented in conjunction with the association’s Clean Advocacy Summit. The award recipients were selected by ISSA with input from its Government Affairs Advisory Committee. The recipients of this year’s awards are Tricia Holderman, Elite Facility Systems president and CEO, and James Purcell, Shamrock Investment Group and Products Chemical Co. LLC president and CEO. The 2022 ISSA Advocate of the Year Awards were made possible by the generous support of Arxada LLC. “ISSA recognizes Tricia for the pivotal role she has played in supporting ISSA’s advocacy efforts as an industry leader,” said ISSA Director of Government Affairs John Nothdurft. “We thank her for her leadership in helping us raise awareness about the importance of engaging elected officials.” “ISSA selected Jim as the manufacturing award recipient for being one of the first supporters of ISSA’s expanded government affairs efforts. His feedback, support, and encouragement over the last few years has been critical in helping the industry have a ‘seat at the table’ in Washington, D.C. and beyond,” Nothdurft continued. “We thank Arxada for generously sponsoring these awards.” “On behalf of ISSA, we thank Tricia and Jim for their extraordinary advocacy on behalf of the cleaning industry and congratulate them on their well-deserved awards,” said ISSA Executive Director John Barrett. “At Elite Facility Systems we trust ISSA to guide our government on issues that matter to our business, clients, and employees,” said Holderman. “As the industry continues to strive for faster, safer, cleaner facilities, ISSA is at the forefront with advocacy, technologies, and processes that I learn from, implement, and share daily. Thank you for all your hard work, allowing me to run a better company.” “Today’s cleaning and maintenance industry is as critical as national defense and health care research,” said Purcell. “ISSA’s efforts in highlighting the crucial role our industry and teammates play have been irreplaceable in educating our elected officials and agency personnel about what ‘clean and safe’ really look like.” The 2022 ISSA Advocate of the Year Awards were presented as part of the association’s Clean Advocacy Summit that took place in Washington, D.C., March 30-31, as part of National Cleaning Week.
Registration is now open for the 2022 ISSA Clean Advocacy Summit, March 30-31 in Washington, D.C., as part of National Cleaning Week, March 27-April 2. During this advocacy event, all attendees will receive policy briefings on the top issues facing their business and the cleaning industry, such as supply chain challenges and labor shortages as well as the need for a healthy workplace tax credit and government workplace standards. Participants will hear from special guest speakers and Washington, D.C. insiders, network with industry leaders, and meet with congressional offices. Attendees will then apply their new knowledge and skills by meeting with lawmakers and other Washington, D.C. insiders, effectively becoming a leader and spokesperson for the industry. Don’t miss this opportunity to have your voice heard. Register today.
An investigation by the U.S. Department of Labor’s Wage and Hour Division into the owner of a San Jose, California luxury apartment complex led to the recovery of US$71,388 in back wages and liquidated damages for seven maintenance workers. Miraido Village LLC, the owner and operator of the luxury apartment complex, denied maintenance workers overtime wages and failed to keep accurate records of employees’ earnings in violation of the Fair Labor Standards Act. The company failed to pay the workers the legally required overtime rate when they worked more than 40 hours in a workweek. Investigators determined that although the employer knew of its legal obligation to pay overtime, it deliberately violated the law and continued to pay the overtime hours at an improper rate. On average, the workers labored more than 50 hours per week. “Employers who shortchange workers hurt the very people on whom they depend. In this case, maintenance workers served the many needs of the complex’s tenants and the property,” said Wage and Hour District Director Susana Blanco. “The property’s owner chose to violate the law and has learned—as will others who willfully violate labor laws—that wage theft has very serious consequences.”
Palmdale Regional Medical Center in Palmdale, California has filed a lawsuit against three former maintenance workers accusing them of fraud and breach of duty of loyalty, Human Resources Director reports. The lawsuit claims the hospital paid the three men for services they never rendered. The lawsuit claims Scott Finstein, who served as director of plant operations at the medical center from 2008 to 2019, engaged in a scheme in which he approved invoices for payments to vendors who hadn’t performed the tasks they were hired to complete. Finstein coordinated and oversaw maintenance work performed by internal employees and outside contractors. The lawsuit also lists Richard Yanik, who the hospital allegedly paid more than US$250,000 for various building repairs and services which he never performed. The hospital paid a third man listed in the lawsuit, Thomas Mathis, more than $147,000 from 2011 through 2018 for various products, supplies, and services—such as degreaser and hand cleaner—which he never delivered. Over the same time period the hospital paid Mathis more than $260,000 for services he allegedly never completed, such as testing the fire alarm system. Finstein submitted his resignation to the medical center in January 2019 after a co-worker who was not involved in the scheme tipped off hospital authorities about Finstein’s alleged fraud. An investigation found that the medical center suffered a financial loss of $663,942.16 due to Finstein’s alleged false invoicing scheme.
The U.S. Department of Labor’s Wage and Hour Division is offering free virtual seminars this month to provide contracting agencies, contractors, unions, workers, and other stakeholders information on Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors.” The Federal Contract Minimum Wage Executive Order: Increases the hourly minimum wage for workers performing work on or in connection with covered federal contracts to US$15 beginning Jan. 30, 2022 Continues to index the federal contract minimum wage in future years to inflation Eliminates the tipped minimum wage for federal contract employees by 202. Ensures a $15 minimum wage for workers with disabilities performing work on, or in connection with, covered contracts Restores minimum wage protections to outfitters and guides operating on federal lands. The seminars, to be held on January 26 and 27, will include video training on the order’s requirements that participants may view at their convenience, followed by an interactive webinar with a live Q&A session. Participants may register for either date. “The Federal Contract Minimum Wage Executive Order is good for the economy and makes progress towards reversing decades of income inequality,” said Acting Wage and Hour Administrator Jessica Looman. “This rule increases federal contracting efficiency through a boost in worker productivity, reduces turnover and absenteeism, and decreases training and supervisory costs. The increased earnings growth resulting from this Executive Order will help essential federal contract workers now and in the future.” Register for the free seminar.
Registration is now open for the 2022 ISSA Clean Advocacy Summit—IOPFDA Workplace Solutions Summit, March 30-31, in Washington, D.C., as part of National Cleaning Week. During this two-day, premier ISSA advocacy event, participants will get up to speed on the pressing public-policy issues for the full cleaning supply chain and independent office products and furniture dealers, as well as sharpen their advocacy acumen. Participants will then apply their new advocacy knowledge and skills meeting with lawmakers and other Washington insiders to advance both industries. “Now more than ever, with increased attention to cleaning and hygiene as a result of COVID-19, we need leaders and other representatives of the industry to advocate, influence, and make an impact in Washington, D.C.,” said ISSA Director of Government Affairs John Nothdurft. “Summit registrants will receive briefings on the top public-policy issues facing their business and industry, such as supply chain challenges, labor shortages, a healthy workplace tax credit, federal workplace standards, and more.” “We intend to build on the great success of that 2021 inaugural event with an exciting, important, and jointly-held fly-in to our nation’s capital in 2022,” said ISSA Executive Director John Barrett. The live and in-person 2022 ISSA Clean Advocacy Summit—IOPFDA Workplace Solutions Summit will take place at the GBAC STARTM-accredited Hyatt Regency Washington on Capitol Hill in Washington, D.C. However, the agenda and/or format for the dual summits may change depending on the COVID-19 situation and/or access to the U.S. Capitol in early 2022. Learn about sponsorship opportunities for the summits by contacting ISSA Director of Government Affairs John Nothdurft or IOPFDA Executive Director Mike Tucker. For questions about the ISSA Clean Advocacy Summit, contact ISSA Government Affairs Coordinator Stacy Seiden. For questions about the IOPFDA Workplace Solutions Summit, contact IOPFDA Executive Director Mike Tucker.
Large employers with 100 or more workers are once again responsible for setting up mandates that their employees either be fully vaccinated against COVID-19 or undergo regular testing for the SARS-CoV-2 virus. The U.S. Court of Appeals for the Sixth Circuit lifted the Fifth Circuit’s stay of the U.S Department of Labor’s Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) on COVID-19 vaccination and testing, The National Law Review reports. In an opinion written by Judge Jane B. Stanch, a three-judge panel determined in a 2-to-1 vote that in light of the continued spread of COVID-19 variants, OSHA “must be able to respond to dangers as they evolve.” OSHA quickly announced it will not issue citations for noncompliance before January 10, 2022. The agency also stated it will exercise discretion in issuing citations for noncompliance with testing requirements under the ETS before February 9, 2022, if an employer is exercising reasonable, good faith efforts to come into compliance with the standard. “OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard,” the U.S. Department of Labor announced in a statement. “OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.” Under the ETS, large employers must set face covering requirements, collect proof of employee vaccination, create a vaccination status roster, and remove COVID-19 positive or untested employees from the workplace. Covered employers must decide whether to adopt a mandatory vaccination policy, subject to reasonable accommodations and required exemptions, or a vaccination or weekly test policy. The most recent ruling was in response to arguments filed with the Sixth Circuit earlier in the month. However, multiple parties, including 27 states, have already filed emergency motions with the U.S. Supreme Court to block the ETS.
Denver’s minimum wage will surpass US$15 an hour next year, when it increases from $14.77 to $15.85 on January 1, The Denver Gazette reports. The increase is the result of an ordinance passed by the Denver City Council in November 2019, when the city’s minimum wage was $11.10. As the cost of living has continued to rise rapidly in the city and unemployment rates increased during the COVID-19 pandemic, the wage increase will be a welcome relief to tens of thousands of workers. “At a time when workers are doing everything they can to get by, this raise is a little bit of extra relief to help them support themselves and their families,” Denver Mayor Michael Hancock said. “Our economy needs to work for everyone, and for our working families, this pay raise is a big deal, especially during our recovery from the pandemic.” The 2022 increase will be the last of the city’s steep wage increases. Under the ordinance, Denver’s minimum wage will increase more gradually on January 1 of each year according to the Consumer Price Index.
Attorneys for the Biden administration late last week filed arguments against the stay order from the U.S. Court of Appeals for the Fifth Circuit halting implementation of an emergency standard requiring large employers to mandate COVID-19 vaccines for their workers, Bloomberg Law reports. In a brief to the Sixth Circuit, lawyers argued that opponents of the emergency standard ignored its benefits, mainly that it will save an average of 77 lives per day. The brief explained the vaccine mandate will help employers by reducing the frequency of COVID-19 cases in the workplace, which is well worth the “modest” costs business will need to pay to implement the standard. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) finalized the emergency standard last month. The standard sets up temporary regulations mandating that employers with at least 100 workers require that their employees either get vaccinated against COVID-19 or get tested regularly. However, the Fifth Circuit blocked the standard on November 6. Lawyers representing Texas, Florida, and 25 other states have said the emergency standard is an unprecedented exercise of power that will ultimately be found unlawful. They argued that the Biden administration’s description of the risks for COVID-19 infections “is just another way of describing dangers humans face as a result of being alive.” Lawyers for the Biden administration responded in their brief that workplace dangers have historically included the risk of contracting communicable diseases. They say the Occupational Safety and Health Act authorized OSHA to set safety and health standards which can include vaccination.
Representatives of companies with more than 100 employees now have an additional 45 days to comment on an emergency temporary standard (ETS) that requires their workers to be vaccinated against COVID-19 or undergo weekly testing. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) extended the ETS comment period to January 19, 2022. This extension allows stakeholders additional time to review the ETS and collect information and data necessary for comment. Those who wish to submit comments may do so electronically at https://www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow the online instructions for making electronic submissions. OSHA issued the ETS on November 5 to protect workers from the spread of COVID-19 on the job. Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to either get vaccinated or undergo regular COVID-19 testing and wear a face covering at work.
The COVID-19 vaccine mandate for U.S. government employees appears to be reaching its goal, with more than 90% of workers receiving at least one dose of the vaccine, according to a federal agency breakdown released by the White House last week. As of November 23, approximately 92% of the 3.5 million federal workers have received at least one dose of COVID-19 vaccine. In addition, 96.5% of workers have complied with the order by becoming fully vaccinated, receiving an exception, or submitting a request for an exception that is pending. Compliance was highest among the Department of Transportation (99.6%), followed closely by the Department of Commerce (99.4%). Among federal departments with the majority of workers receiving at least one vaccination, the Agency for International Development topped the list with 97.8% of workers receiving at least one dose. The Department of Health and Human Services (96.4%) and the National Science Foundation (96.2%) placed second and third, respectively. The Department of Agriculture had the lowest vaccination rate of the two dozen agencies listed, with 86.1% of employees receiving at least one shot. Only five other agencies had vaccination rates under 90%, including: Social Security Administration: 87.7% Department of Veterans Affairs: 87.8% Department of the Interior: 88.3% Department of Homeland Security: 88.9% Department of Justice: 89.8% The federal vaccine mandate for private employers with 100 or more workers remains on hold, pending an appeal to the federal court.
