Rep Reintroduces Mold Bill

U.S. Rep. John Conyers Jr. (D-Mich.) has reintroduced the “United States Toxic Mold Safety and Protection Act of 2003” (H.R. 1268), also known as the “Melina Bill,” to establish national research, reporting, education, prevention and remediation standards for handling indoor mold in commercial and residential buildings. This bill originally was introduced last year, but failed to make it out of committee. It currently is being considered by the Committee on Energy and Commerce, as well as other groups in Congress. To view the bill, search here.



EPA Investigates Chemical For Health Risks

The U.S. Environmental Protection Agency (EPA) is investigating a chemical used in manufacturing Teflon, a substance best known as a non-stick coating that recently has been incorporated into cleaning chemicals, carpet and hundreds of other products. The EPA is assessing perfluorooctanoic acid (PFOA), also known as C8, for possible links to birth defects; studies by independent scientists suggest 95 percent of Americans have small amounts of PFOA in their blood.

In 2000, Minnesota-based 3M Corp. pulled its Scotchgard stain repellent from the market after EPA concerns about the health concerns of a similar company. 3M has since stopped using C8 chemicals, leaving DuPont, Wilmington, Del., as the only major PFOA manufacturer. DuPont issued a statement in response, disputing health claims and affirming the company’s position that these chemicals are safe. Both the EPA and DuPont say consumers can continue to use Teflon and similar products until and unless the investigation shows health hazards.



State Seeks To Curb Spam

Unsolicited commercial e-mail, also known as “spam,” accounts for almost half of all e-mail traffic. In response, the Commonwealth of Virginia recently enacted a law imposing hefty penalties on anyone sending fraudulent spam to or from computers in the commonwealth.

The state is headquarters for many Internet service providers (ISPs), including the giant America Online, so its computers see a disproportionate amount of e-mail. Under the new law, those found guilty of offenses such as forging the “from” address to mask the actual sender, hacking a computer to send mail surreptitiously or making false promises within a message, can face up to five years in prison, confiscation of all assets used in sending the spam or other penalties.

Several other states have spam statutes, but Virginia is the only one making fraudulent spam a felony. However, critics say state and even national efforts to control or ban spam won’t help, as much e-mail is sent from overseas. Also, companies that use e-mail for legitimate communications worry that legislation — such as a credit-card or insurance company sending its existing customers information concerning new policies — might end up banning their business communication.



OSHA Offers Evacuation Matrix

Building service contractors who work in high-profile buildings such as transportation facilities, high-rises and government installations may be interested in a new tool from the U.S. Occupational Safety and Health Administration (OSHA) to help them, and their customers, assess their risk of terrorism and prepare for an emergency evacuation.



DOL, House Propose OT Changes

At an educational session at the Building Service Contractors Association International show in March, contractors expressed confusion over which employees should receive overtime pay. Most janitors are entitled to such pay, but what about bookkeepers, executive assistants and supervisors? Session presenters offered a long series of questions and tests to determine who is entitled to overtime.

A simpler answer may come shortly. The U.S. Department of Labor (DOL) has proposed changes to modernize the Fair Labor Standards Act. Under the changes, the salary threshold, below which workers would automatically qualify for overtime, will be raised from $155 to $425 a week for most workers. Also, job descriptions will be changed to reflect modern workplaces. In addition, the rule that executive, professional and creative employees not subject to overtime only can perform non-exempt duties 20 percent of the time will change. Now, there is no defined percentage; the rule states that their “primary duties” must be exempt in nature.

Along with this proposal, Congress is debating the “Family Time Flexibility Act,” which would allow workers to substitute compensation time off instead of overtime pay. Workers would have to agree to the switch, but employers would be able to dictate when employees would take the comp time.

Reaction to these proposals is mixed. Although most groups believe some modernization is needed, labor unions fear workers will lose overtime protections and end up with less take-home pay; small business groups fear that the changes will have the opposite effect, and more workers will qualify for overtime.




POSTED ON: 5/1/2003