The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

OSHA Record-Keeping Proposal Released.

On July 26, 2018, the Occupational Safety and Health Administration (OSHA) issued a pre-Federal Register version of its proposed rule to amend its 2016 injury and illness recordkeeping regulation. The proposed rule aims to eliminate the requirement that establishments with 250 or more employees electronically file Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injuries and Illnesses Incident Report) but require that the establishments file Form 300A (Summary of Work-Related Injuries and Illnesses). At least after our quick initial review, it does not appear that the proposal addresses controversial provisions of the 2016 rule that are designed to prevent employers from retaliating against employees for reporting work-related injuries or illnesses.

Interestingly, while this proposal was released this week, several groups filed a lawsuit against the U.S. Department of Labor (DOL) and OSHA alleging that its suspension of the 2016 rule's July 1, 2018, submission date violated the Administrative Procedure Act because it was not done pursuant to notice and comment rulemaking. Perhaps OSHA should have announced the delay via blog post.

Paid Leave Hearing. On July 24, the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing on H.R. 4219, the "Workflex in the 21st Century Act." Johnny C. Taylor, Jr., CEO of the Society for Human Resource Management, testified at the hearing and described the Workflex Act as follows:

H.R. 4219 modifies ERISA to allow employers the opportunity to voluntarily offer a new workflex plan that provides their employees with a federal minimum standard of paid leave and options for flexible work arrangements, such as telecommuting or compressed work schedules. In return, employers that opt to participate in the ERISA-covered workflex plan would be able to provide uniform paid leave, instead of navigating the current labyrinth of state and local paid sick leave requirements.

Significantly, the Workflex Act is entirely voluntary for employers, the proscribed leave meets or exceeds most state or local leave requirements, and employees of non-participating businesses will still be able to take advantage of local leave laws. Read more about the Workflex Act

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