Texas Debates Mold Certification
A bill pending in the Texas state Senate (S.B. 129) would regulate mold remediation within the state, and set up standards for licensing contractors. Under the proposed law, most individuals or companies offering analysis, assessment or remediation of mold problems to third parties for compensation would need to have background checks, be fingerprinted, take an examination and obtain a license.

Supporters say such standards are overdue, as mold claims and costs continue to skyrocket, and unscrupulous or untrained contractors make the problems worse or take advantage of consumers.

Bob Allen, president of the International Association of Mold Remediation Specialists (IAMRS) and president of Enviro-Mold IAQ Services Inc., Fort Worth, Texas, testified before the Senate about the dangers of a system without regulation.

“Mold is an issue that is here to stay, and the people of Texas need to be protected from fraud and negligence by those who would profit from the industry,” Allen says in his testimony. “Company licensing or regulation could be the answer to protecting homeowners and their insurance companies from excessive costs.”

Rulemaking
Input For Uncle Sam
Most proposed government regulations have public hearings and comment periods, but most people don’t even know about the feedback opportunities until the bills have been passed.

To alleviate this, the U.S. government has set up a Web site, where visitors can look up pending legislation by keyword or by agency, and submit their comments. By law, the comments must be considered before these rules can be passed.

For example, contractors wanting to keep tabs on whether the U.S. Occupational Safety and Health Administration (OSHA) has re-introduced an ergonomics rule for public commentary can either type “ergonomics” into the search field, or pull OSHA from a menu. As of March 6, there were three proposed OSHA rules on the site; they apply to shipyards, commercial diving operations and cranes and derricks — and the ergonomics rule is nowhere to be found, under any agency.

People who want to comment on a proposed rule can click “Submit a Comment on this Regulation” to bring up an e-mail form, as well as contact phone numbers .

Court Agrees To Hear ADA Case
The Supreme Court of the United States agreed to decide whether the Americans With Disabilities Act (ADA) prevents employers from refusing to rehire drug addicts who undergo rehabilitation.

At issue is whether Joel Hernandez, a 25-year veteran of Raytheon’s Hughes Missile Systems who was forced to resign in 1991 after testing positive for cocaine, should automatically be barred from returning to his job. He went to drug treatment and re-applied to Hughes three years later, but the company turned him down due to a blanket policy of not rehiring anyone who was fired or resigned in lieu of being fired.

A lower court backed Hughes, but the Ninth District Court of Appeals ruled in Hernandez’s favor, stating that although the ADA doesn’t protect illegal drug use, it does protect individuals with past drug addictions who have been treated successfully.

The case will be argued in the fall. This could affect building service contractors with “no-rehire” policies.

SBA Lifts Loan Cap
The U.S. Small Business Administration (SBA) has lifted a temporary loan cap; small companies seeking government loans now can apply for up to $2 million, up from the $500,000 limit that had been in place since October 2002.

“We are happy to be able to help small businesses looking for access to capital, and we are proud to do our part helping them to create new jobs for Americans,” says SBA administrator Hector Barreto in a press release.

For more information on SBA loans and other programs, call (800) U-ASK-SBA.

States Challenge Wage Rules
Contractors who do business with certain communities in the United States sometimes are required to pay their workers a “living wage” — a higher-than-minimum wage, sometimes as high as $12 per hour, that proponents say allows workers to support their families. Living-wage laws are controversial, as opponents claim higher wages can raise the cost of government services and take away jobs from unskilled workers.

The Michigan House of Representatives recently passed a ban on living-wage ordinances. The bill still is under consideration by the state Senate. Gov. Jennifer Granholm has vowed to veto it if it comes to her desk.

Also, the city of Santa Fe, N.M., recently enacted its own living-wage rule, which raises the minimum pay to $8.50 an hour in 2006, and to $10.50 in 2008 for all businesses with at least 25 workers. But at least two business coalitions plan to challenge the new rule in court, saying it stifles free enterprise.

This information is intended as a summary of legal information and should in no way be construed as legal advice. Contact your attorney before proceeding with any legal action.




POSTED ON: 3/1/2003