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IEC Scores Victories: Volks and Blacklisting Regulations Invalidated

Posted in: Legislative Updates

In the past 30 days, President Trump signed two Congressional Review Act (CRA) resolutions IEC actively supported. The first, H.J. Res. 37, signed on Monday, March 27, 2017, invalidates the “blacklisting” regulations. This rule, stemming from President Obama’s Fair Pay and Safe Workplaces Executive Order, required prime contractors and subcontractors with government contracts worth $500,000 or more to acknowledge all their violations and alleged violations of 14 different labor and employment laws and their “state equivalents” over the past three years for a labor compliance advisor to determine if contractors are “responsible” enough to do business with the federal government. This reporting process would have continued every six months for the life of the contract.

The second, H.J. Res 83, signed on Monday, April 3, 2017, invalidates the OSHA “Volks” regulation that would have expanded the statute of limitations for OSHA to issue citations for recordkeeping violations from six months, as specified in the statute, to five years, during which employers are required to keep and maintain records.

These are major victories for IEC and the merit shop electrical contracting industry! Not only do both resolutions invalidate their respective rules, but no agency can propose similar rules in the future.