U.S. Legislative Updates

OSHA Launching Initiative to Discourage Texting

Last week Secretary of Labor Hilda L. Solis announced a partnership between the Occupational Safety and Health Administration and the U.S. Department of Transportation to combat distracted driving.

OSHA is launching a multi-pronged initiative that includes:

• An education campaign for employers, to be launched during "Drive Safely Work Week" in early October, will call on employers to prevent occupationally related distracted driving, with a special focus on prohibiting texting while driving.
• An open letter to employers to be posted on OSHA's website, http://www.osha.gov during "Drive Safely Work Week." The website also will showcase model employer policies and encourage employer and labor associations to communicate OSHA's message.
• Alliances with the National Safety Council and other key organizations as outreach to employers, especially small employers, aimed at combating distracted driving and prohibit texting while driving.
• Special emphasis on reaching younger workers by coordinating with other Labor Department agencies as well as alliance partners and stakeholders.
• Investigate and issue citations and penalties where necessary to end the practice when OSHA receives a credible complaint that an employer requires texting while driving.

Congress Passes Bonus Depreciation Measure

On September 23, the House passed by a vote of 237 to 187 the earlier Senate-passed version of Small Business Bill HR 5297, which includes an extension of bonus depreciation for 2010.  Specifically, this provision allows faster capital cost recovery of business investments, including vehicles, by permitting businesses to immediately write-off in the first year 50 percent of the cost of depreciable property purchased and placed in service in 2010. The bill is now headed to the White House where President Obama is expected soon to sign into law HR 5297. 

Biodiesel Tax Credit Still Pending in Congress

Congress has yet to take final action on extending the $1-a-gallon tax credit for biodiesel.  Most recently, the Senate turned back an effort by Senator Charles Grassley (R-IA) to include an extension retroactive to January 1, 2010, as part of a small business tax bill.  The next effort to restore that tax credit will likely come in legislation that would extend a number of tax provisions.  In the Senate, HR 4849, the Jobs Creation and Tax Cuts Act extend the biodiesel credit for 2010, while in the House the proposed Domestic Manufacturing and Energy Jobs Act extends the credit through 2011.

Extension of the Ethanol Tax Credit Is Uncertain

The 45-cents per gallon tax credit to refiners that blend ethanol with gasoline expires on December 31 of this year. It is uncertain at this time whether the Congress will act on extending the ethanol credit before final adjournment. The debate over the future of the ethanol credit pits the industry, corn farmers and USDA against environmentalists and deficit hawks in the Congress.