Do-Not-Call List In Limbo
The National Do-Not-Call Registry, passed with overwhelming and bipartisan support this summer, can go ahead as scheduled while the courts determine its constitutionality.

Previously, U.S. District Judge Edward Nottingham’s ruled that the registry, which exempted not-for-profit and political organizations, was unconstitutional under the First Amendment, and blocked enforcement of the list. But on Oct. 7, the 10th Circuit Court of Appeals granted a stay of that judgement, and allowed the Federal Trade Commission to continue collecting numbers and to enforce the rules during the appeals process.

That means companies that cold call residential customers, including contractors who offer house or carpet cleaning, must verify their prospects aren’t on the registry, or else face up to $11,000 in fines.

Davis Signs Health Bill
California governor Gray Davis signed a law requiring many of the state’s large and mid-size businesses to offer their employees — and in some cases, the employees’ families — health insurance.

The law requires employers with more than 200 workers to offer health benefits to employees and their families by 2006. In 2007, companies with 50 to 199 employees will be required to provide employee-only coverage. Companies will pay 80 percent of the premium, with employees picking up the rest. Employers have a choice of buying insurance directly or paying into a state pool.

Labor groups, including the Service Employees International Union Local 1877, which represents thousands of janitors and other building workers, supported the measure. Backers say the law could give more than 1.1 million workers and family members the opportunity for reasonably priced health care.

However, business groups such as the Chamber of Commerce opposed the measure, warning that the plan is too costly and will hinder job growth. The Employment Policies Institute, a group allied with business interests, says the measure will cost California businesses $11.4 billion per year, which could be made up from layoffs or benefit cuts, according to a widely quoted Associated Press report.

Hawaii, Washington and Oregon have similar laws concerning mandated health insurance, and supporters hope California’s new law will be a model for the rest of the nation.

City Requires “Living Wage” For Contractors
The city of Lansing, Mich., recently announced that it will require companies with city contracts worth $50,000 or more to pay their employees $11.50 per hour. The current minimum wage in Michigan is $5.15 per hour.

OSHA Seeks MSD Abstracts
The U.S. Occupational Safety and Health Administration (OSHA) is looking for more research into workplace-related musculoskeletal disorders (MSDs). Researchers with published works can apply for the opportunity to speak at a research symposium on Jan. 27, 2004.

OSHA is seeking abstracts focusing on the state of the data-driven scientific research concerning the relationship between the workplace and MSDs, such as definitions and diagnoses, cause and work-relatedness, exposure-response relationships, intervention studies, and study design (including research methodology). Abstracts should clearly state the topic of the paper, research objective, relevant findings, and conclusion. Submissions should be no more than 600 words and include significant references.

A hard copy and electronic copy or disk of the abstract may be submitted by Nov. 5, 2003 to MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, OSHA, U.S. Department of Labor, Room N-3655, 200 Constitution Ave., NW, Washington, D.C. 20210. Phone: (202) 693-2144; Fax: (202) 693-1644. An abstract template is available here.

The agency long has had an agenda to reduce workplace-related MSDs; in fact, during the Clinton administration, OSHA designed a detailed ergonomics standard. However, under much criticism, the plans were sent back to the drawing board when President Bush took office.

Building service contractors were concerned that an ergonomics standard would drive up paperwork and compliance costs. Many BSCs have begun outfitting their workers with more ergonomically friendly tools and equipment anyway, due to the potential for fewer injuries.

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: 10/1/2003