By Dec. 1, 2013, employers must have trained their workforces on the revised Hazard Communication Standard that was published in the Federal Register in March 2012.

Specifically, workers must be trained on the labeling elements for the Safety Data Sheets (SDSs) that will accompany workplace chemicals under the revised standard. To aid in the educational process, which should begin soon to reach the deadline, the Occupational Safety and Health Administration (OSHA) has published a Fact Sheet.

Access the Hazard Communication Standard Fact Sheet now.

Following the failure of Congress in 2012 to pass legislation barring employers from seeking social media account information from job applicants and employees, the states are moving quickly to enact such legislation.

New Mexico and Utah are the latest to ban employers from seeking passwords and other social media information, though the New Mexico law appears to apply only to applicants, not current employees.

New Mexico's law, SB 371, takes effect July 1, and Utah's Internet Employment Privacy Act (IEPA) becomes law May 14.

The United States Citizenship and Immigration Services (USCIS) this week corrected the effective date of its new Form I-9, which was launched March 8, 2013. In its original statement, the USCIS said that older forms could not be used after May 7, 2013. In its correction, the agency clarified that the old forms could no longer be used commencing May 7.

The form that must be used beginning May 7 is labeled (Rev. 03/08/13)N.

The Obama administration is proposing a $12.1-billion budget for the Department of Labor (DOL) for Fiscal Year 2014, starting this October. That represents an increase of $20 million.

But when in comes to the enforcing agencies with the DOL, including the Wage and Hour Division (WHD), the Occupational Safety and Health Administration (OSHA), and others, the increase is $37.7 million, out of a total $1.8 billion allocation.

The administration released its budget yesterday.

Highlights of the FY 2014 budget request include:

• An additional $5.8 million for Mine Safety and Health Administration enforcement programs to pursue strategies that prevent death, disease and injury from mining, and $2.5 million to implement recommendations from the internal review conducted in the wake of the Upper Big Branch Mine disaster.
• An additional $5.9 million to bolster the Occupational Safety and Health Administration's enforcement of the numerous laws that protect workers and others from retaliation for reporting unsafe and unscrupulous practices.
• Nearly $14 million to combat the misclassification of workers as independent contractors, which deprives workers of benefits and protections to which they are legally entitled and puts law-abiding businesses at a disadvantage against employers who violate the law.
• An additional $3.4 million for the Wage and Hour Division to support greater enforcement of the Fair Labor Standards Act and the Family and Medical Leave Act.
• $5 million for the creation of a State Paid Leave Fund to assist workers who need to take time off to care for a child or other family member.
• An initiative to encourage companies to fully fund their pension benefits by authorizing the Pension Benefit Guaranty Corp. board to adjust premiums and take into account the risks that different retirement plan sponsors pose to their retirees. Under the initiative, the PBGC is estimated to save $25 billion over the next decade.

President Obama has renominated Mark Gaston Pearce as chairman of the National Labor Relations Board (NLRB). He also named two Republicans to the board, labor attorneys Harry I. Johnson III and Philip A. Miscimarra.

Earlier this year, the president renominated Democrats Sharon Block and Richard Giffin to the NLRB after a federal court ruled their recess appointments were unconstitutional, calling into question all decisions reached by the board while they were on it, which they still are.

Senator Lamar Alexander, R-Tenn., ranking member of the Senate Committee on Health, Education, Labor and Pensions, reacted to the nominations by saying that "the two individuals who were unconstitutionally appointed should leave, because the decision in which they continue to participate are invalid."

The Department of Justice (DOJ) in July intends to issue a Notice of Proposed Rulemaking (NPRM) to apply American with Disabilities Act (ADA) accessibility guidelines to state and federal government websites.

"Many states and localities have begun to improve the accessibility of portions of their websites," the DOJ explained. "However, full compliance with the ADA's promise to provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of the programs, services, and activities provided by state and local governments in today's technologically advanced society will only occur if it is clear to public entities that their websites must be accessible."

The department may also extend those guidelines to public websites such as online shopping sites, observers have speculated.

Cal/OSHA has launched its 2013 Heat Illness Prevention Program to educate workers and employers on the dangers associated with heat exposure at outdoor work sites. The launch was announced at a training program sponsored by Cal/OSHA, the Nisei Farmers League and other agricultural employers. The goal is to prevent heat illness throughout California through greater compliance with the state's workplace safety regulations.

"California is a better place to work because of our standard and partnerships with employers and labor to protect all outdoor workers from heat illness. As we enter this year's heat season, it is important we continue our efforts to address heat illness prevention at outdoor worksites," said Christine Baker, director of the Department of Industrial Relations (DIR). The Division of Occupational Safety and Health, commonly known as Cal/OSHA, is a division within the DIR.

The Occupational Safety and Health Administration (OSHA) today published "Firefighting Precautions at Facilities with Combustible Dust," a new, informative booklet that outlines safe procedures for emergency responders who may face fires and explosions caused by combustible dust.

"This booklet will keep both emergency response and facility workers safe by giving them a framework to prepare for potential emergencies involving combustible dust," said Assistant Secretary of Labor for Occupational Safety and Health David Michaels. "Stakeholders that have reviewed the booklet, including fire chiefs and union health and safety representatives, describe it as 'an excellent resource for explaining the hazards associated with combustible dust and outlining the best practices for pre-incident operational preparation by emergency responders.'"

Since 1980, more than 130 workers have been killed and more than 780 injured in combustible dust explosions. The publication describes how combustible dust explosions occur and uses previous incidents to illustrate how firefighting operations can prevent combustible dust explosions. The booklet explains the preparations emergency responders can make before a response and how these preparations will affect the operational plan during a response.

Combustible dusts include fine particles, fibers, chips, chunks or flakes that, under certain conditions, can cause a fire or explosion when suspended in air. Types of dusts include metal (for example, aluminum and magnesium), wood, plastic, rubber, coal, flour, sugar and paper, among others. OSHA's Combustible Dust Web page provides employers and workers with additional information and resources for preventing and minimizing the effects of combustible dust fires and explosions.

The Occupational Safety and Health Administration (OSHA) in March mailed out 9,414 letters of warning to American businesses that reported above-average illness and injury rates.

OSHA administrator David Michaels, whose signature appears on the letters, said that up to 2,500 of those receiving letters could be inspected, with those with the highest rates being inspected first.

The largest category of recipients was manufacturers (4,899 letters), followed by wholesale trade establishments (1,352). The business category with the most listed establishments was nursing homes, convalescent homes and other residential medical care facilities (1,005).

The letters went only to workplaces in states covered by Federal OSHA. States with their own OSH programs were not included.

The letters, and any subsequent inspections, are all part of OSHA's Site-Specific Targeting Program announced in January of this year.

According to statistics compiled by National Economic Research Associates, employers across the U.S. paid 18 percent more in wage and hour settlements in 2012 than the year before. In all, employers forked over some $467 million in settlements this past year, bringing the total over the past six years to almost $2.7 billion.

Arising under the Fair Labor Standards Act (FLSA), such claims generally involve unpaid overtime, off-the-clock work, and being denied proper lunch and rest breaks.

The FLSA is enforced by the Wage and Hour Division (WHD) of the Department of Labor (DOL).