Labor Officials Take Action on Independent Contractor, Hazard Communication Rules

Last week, the U.S. Department of Labor (DOL) took formal action to halt the implementation of the Trump Administration’s Independent Contractor Rule, which was slated to take effect on March 8, 2021. The Trump rule, published on January 7, 2021, aimed to clarify which workers qualify as independent contractors versus direct employees; it was supported by the ready mixed concrete industry. However, in an effort to allow for “additional opportunity for review and consideration of the new rule” by the DOL, the rule will now be delayed until May 7, 2021, absent any further delays, proposed changes or withdrawal of the rule.

In addition, last week the Occupational Safety and Health Administration (OSHA) acted under the jurisdiction of the DOL in proposing an update to the current Hazard Communication standard. According to OSHA, it expects the changes “will increase worker protections and reduce the incidence of chemical-related occupational illnesses and injuries by further improving the information on the labels and Safety Data Sheets for hazardous chemicals. Proposed modifications will also address issues since implementation of the 2012 standard and improve alignment with other federal agencies and Canada.“ Click here to review the Hazard Communication proposal.

Throughout the coming weeks, NRMCA will be monitoring progress on both issue fronts and provide comment for beneficial industry outcomes.

For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.