Following more than a month delay, OSHA on August 30th published its proposal to regulate indoor and outdoor workspaces when the heat index reaches 80o Fahrenheit under the initial heat trigger and at 90oF for the high heat index trigger. The version published in the Federal Register is identical to the prepublication version OSHA released in July. Publication in the Federal Register officially begin the 120 public comment period that will close on December 30, 2024. Absent delays due to change in party control of the White House or court challenges, OSHA could finalize a rule possibly as early as late Spring or next Summer. Under the proposed rule, employers must begin complying with the rule 150 days after OSHA publishes the final rule in the Federal Register, pushing compliance likely late into 2025 or 2026.
One Voice filed comments in 2023 and joined with others in industry expressing concern over OSHA’s one size fits all approach outlined in its initial framework and maintains that members of the associations are not reporting injuries or illness due to heat in their facilities. Should the OSHA proposed rule become final, all manufacturing employers, regardless of size, must comply with the new regulation. At a heat index of 80oF, the proposed rule requires that employers provide cool drinking water, break areas with cooling measures, indoor work area controls to reduce the temperature, and weather acclimatization protocols for new and returning employees. Upon reaching the 90oF high heat trigger, employers must mandate that employees take a 15-minute rest break every two hours and implement a supervisor or buddy system to observe for signs and symptoms of heat stress.
Judge Blocks FTC Non-Compete Ban
On August 20, 2024, the U.S. District Court for the Northern District of Texas went beyond an initial ruling and issued a nation-wide ban on the Federal Trade Commission’s (FTC) rule restricting the use of non-compete, non-disclosure agreements, and non-solicitation agreements in most circumstances. By the FTC’s estimates, the rule would affect one in five workers had the rule taken effect on September 4 as intended. One Voice worked with coalition partners to raise concerns over the agency’s blanket action, taking particular issue with the non-disclosure language that businesses often use to project their trade secrets from competitors.
The Texas judge found that the FTC had “exceeded its statutory authority” and that the agency lacks the authority to issue “substantive rules” related to competition. The Judge went further, stating that even if the FTC had the authority to adopt the rule, the agency did not adequately justify the ban, calling the action, “arbitrary and capricious.” The FTC indicated that it intends to challenge the ruling. One Voice will continue coordinating efforts to oppose this overreach with its coalition partners.
One Voice Supporting CTE, Apprenticeship Resources
The National Tooling and Machining Association and Precision Metalforming Association will continue efforts into September supporting federal funding for Career and Technical Education and apprenticeship programs. The U.S. Congress is in the process of determining funding levels for various federal departments and agencies, with the House proposed legislation falling below industry needs. The associations signed letters to Capitol Hill with Business Leaders United, a partner group to the National Skills Coalition, to support CTE funding and also joined Americans for Apprenticeships in sending a broad coalition letter to Congress supporting apprenticeships.
The House only has thirteen legislative business days scheduled prior to funding for the federal government expiring on September 30, 2024. Sources in Washington, D.C. indicate that House Republicans may begin moving a continuing resolution to temporarily fund the government into March 2025. Such proposal is likely to face opposition in the U.S. Senate, setting up a showdown later in September over a government shutdown. One Voice will continue to stress the importance of supporting apprenticeships and CTE programs in the coming months, including in a lame duck session when lawmakers could revisit the FY2025 government spending bill.
Canada to Impose Tariffs on Chinese Steel, Aluminum, EVs
The Canadian government is increasingly aligning itself with U.S. trade policy after announcing on August 26 that Ottawa intends to impose a 25 percent tariff on steel and aluminum from China, while introducing a 100 percent tariff on Chinese-made EVs, similar to the EV pledge made this summer by President Biden. One Voice has long raised concern that the U.S. should take a coordinate approach with our allies against China as many key competitors using steel and aluminum do not face the same high prices domestic manufacturers must endure. Canadian officials stated that, “China has an intentional state-directed policy of overcapacity and oversupply,” echoing comments made by the U.S. and European Union. The action on EVs, steel, and aluminum is likely also designed to better position Canada ahead of the upcoming negotiations over U.S.-Mexico-Canada free trade agreement renewal scheduled for July 2026. Ahead of the Labor Day weekend in the U.S., outgoing President of Mexico Andrés Manuel López Obrador announced a “pause” in relations with the U.S. and Canadian embassies following criticisms of planned changes to the judicial system being pushed in the final weeks of the Mexican President’s administration.