Washington D.C. Employment Law Update : Washington D.C. Employment Lawyer & Attorney : Littler Mendelson Law Firm : Virginia, Tyson's Corner

Labor/Management Relations

President Obama named Wilma Liebman to Chair the National Labor Relations Board.  Also in labor news, President Obama’s ambitious labor agenda is conspicuously absent from the new White House website.

Workplace Flexibility

The Family Fairness Act of 2009 (H.R. 389) was introduced in the House, a bill that would eliminate the requirement that employees must have worked at least 1,250 hours within the previous 12-month period to be eligible to receive FMLA benefits.

Workplace Safety

The Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) issued a proposed rule regarding the criteria for manufacturing continuous personal dust monitors (CPDMs). These devices monitor continuously and in real-time a miner’s coal dust exposure, and would be used in place of coal mine dust personal sampler units (CMDPSUs).

The Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking regarding potential changes to the Respiratory Standard. OSHA also issued an advance notice of proposed rulemaking regarding its desire to develop a diacetyl standard.

OSHA is requesting data, information and comment on a variety of issues related to occupational exposure to diacetyl and food flavorings containing diacetyl, including current employee exposure and potential health consequences. The agency is also soliciting comments and information on exposure assessment, control and monitoring methods, employee training, and medical surveillance of potential adverse health effects. In addition, OSHA seeks information and data on other food-flavoring components that may cause or contribute to flavoring-related lung disease.

OSHA recognizes that flavorings, including butter flavoring, are complex mixtures and may contain a number of potential airway reactive substances (e.g., diacetyl, acetoin, acetaldehyde, acetic acid, furfural). Diacetyl has been used as an indicator of exposure to butter flavoring vapors in a variety of occupational studies in microwave popcorn plants. While there is evidence that diacetyl is a factor in flavoring-related airway injury, other compounds may contribute to the development of obstructive airway disease and bronchiolitis obliterans.

Comments must be submitted by April 21, 2009 either electronically at http://www.regulations.gov, via fax at 202-693-1648, or by mail to OSHA Docket Office, Docket No. OSHA-2008-0046, Room N-2625, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. For more information, contact Donald Benson, a shareholder in Littler’s Atlanta office.

Immigration

The Department of Labor (DOL) is amending its regulations regarding the H-2A and H-2B guest worker programs.  In addition, the USCIS revised Form I-9 to streamline the employment verification process.

Labor

President-elect Obama named Rep. Hilda Solis (D-Calif.) as his choice for Labor Secretary. Despite Solis’ ardent championing of the Employee Free Choice Act, EFCA’s support in the Senate appears to be faltering.

Safety and Health

Emily Spieler will lead Obama’s Transition Team on OSHA issues. In regulatory news, OSHA sent an advance notice of proposed rulemaking for its diacetyl standard to the Office of Management Budget’s Office of Information and Regulatory Affairs.  Diacetyl is the chemical used in food flavoring that is allegedly linked to the respiratory disease, colloquially known as “popcorn lung.”

Workplace Discrimination

The Equal Employment Opportunity Commission failed to issue regulations for the ADA Amendments Act, which goes into effect Jan 1.