IHMM Today June 7, 2022

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Beltway Buzz – Ogletree & Deakins

Summer Forecast: Part I. The Memorial Day holiday and the unofficial start of summer is a good time to take a look at what our elected (and unelected) policymakers in Washington, D.C., will be working on during the final six months of 2022. This week, the Buzz will discuss potential legislative developments in the U.S. Congress. Next week, we will check out the regulatory landscape (maybe the 2022 Spring Regulatory Agenda will be released before then?). Set forth below is the Buzz’s labor and employment policy legislative forecast for the summer and beyond.

Congress was out this week, but it returns the week beginning June 6 with a lot on its plate and legislative time at a premium. President Biden and the Democrats are looking for more legislative victories while they still enjoy a majority in Congress, but our lawmakers are currently scheduled to spend most of both August and October in recess. Time is running short. As in most years, work on must-pass legislation—such as funding for the federal government and the armed services—will occupy much of Congress’s time and resources. Congress will also be focused on issues such as the war in Ukraine, the renewed debate around gun policy reform, ongoing inflation, and continued supply-chain issues. Will there be any room for labor and employment legislation? Let’s take a look.

• Pregnancy accommodation. The Pregnant Workers Fairness Act (H.R. 1065/S. 1486) is waiting for a vote on the floor of the U.S. Senate. The bill enjoys significant bipartisan support (ninety-nine Republicans voted for it in the U.S. House of Representatives!) as well as business community backing. Simply put, there should be enough bipartisan support to send this bill to President Biden’s desk before the year is up.
• Antidiscrimination. The Creating a Respectful and Open World for Natural Hair Act of 2022, or “CROWN Act” (H.R. 2116), would prohibit discrimination on the basis of hair texture or hairstyles that are associated with a particular race or national origin. The bill passed the House in March 2022 with fourteen Republican votes in favor of the legislation. While passage of a related bill in the Senate may still be a challenge, the measure (S. 888) has a chance. Multiple local jurisdictions have passed similar laws.
• Immigration.
  • A congressional conference committee will be gathering to hammer out differences between two bills passed by each chamber to address U.S. competition and competitiveness: the United States Innovation and Competition Act of 2021 (S. 1260) and the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2021 (H.R. 4521). Provisions in the America COMPETES Act would exempt applicants with advanced degrees in STEM (science, technology, engineering, and mathematics) fields from annual green card caps. Pro-immigration advocates hope that this language can remain in a final bill. Note: The House bill also contains union organizing card check language that business groups are attempting to strip out.
  • The Buzz will also be monitoring the status of the H-1B and L-1 Visa Reform Act of 2022 (S. 3720), as well as the Equal Access to Green cards for Legal Employment (EAGLE) Act of 2021 (H.R. 3648). Versions of the former have languished in Congress for years, while different versions of the latter passed both chambers in the previous Congress. Between the two, the Buzz thinks the EAGLE Act has a great chance of soaring. Watch for potential activity during the “lame duck” gathering of Congress after the November 2022 midterm elections.

• Retirement. Making it easier for individuals to save for retirement is a concept with bipartisan appeal on Capitol Hill, so we could see further efforts this fall to expand on 2019’s Setting Every Community Up for Retirement Enhancement (SECURE) Act. In March 2022, the House passed the Securing a Strong Retirement Act of 2022 (H.R. 2954) and just last week Senators Richard Burr (R-NC) and Patty Murray (D-WA) released a “discussion draft” of their effort on the issue, dubbed the “Retirement Improvement and Savings Enhancement to Supplement Healthy Investments for the Nest Egg (RISE & SHINE) Act of 2022. If the Senate passes the RISE & SHINE Act, differences between the two bills would need to be worked out in conference committee.
• Other employment-related legislation. Bills such as the Protecting the Right to Organize (PRO) Act of 2021 (H.R. 842), Paycheck Fairness Act (H.R. 7), and Forced Arbitration Injustice Repeal (FAIR) Act of 2022 (H.R. 963) (all of which passed the House), as well as the Wage Theft Prevention and Wage Recovery Act (H.R. 7701/S. 4174) (which cleared committee in the House), are unlikely to gain traction in the U.S. Senate. Bills that are not enacted by the end of this Congress (which will likely adjourn sometime near the end of the calendar year) would need to be reintroduced in the 118th Congress.

Notice of Public Meetings in 2022 for International Standards on the Transport of Dangerous Goods

The PHMSA Office of Hazardous Material Safety (OHMS) will host public meetings in advance of three international meetings to allow the public to give input on current proposals being considered by the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) and the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP). These international meetings include:

1. The 60th session of the UNSCOE TDG, scheduled for June 27 to July 6, 2022, in Geneva, Switzerland.
2. The ICAO DGP Working Group 22, tentatively scheduled for November 21–25, in Montreal, Canada.
3. The 61st session of the UNSCOE TDG, scheduled for November 28 to December 6, 2022, in Geneva, Switzerland.

Each of these public meetings will be held approximately two weeks before the corresponding international meeting. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on the PHMSA website under “Upcoming Events.” These meetings will be virtual, with concurrent in-person sessions possible, pending public health guidelines.

The Federal Register announcement can be found here: https://www.govinfo.gov/content/pkg/FR-2022-03-03/pdf/2022-04435.pdf utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

FEDERAL CREDENTIAL RECOGNITION – CALL TO ACTION – Freedom to Invest in Tomorrow’s Workforce Act

CALL TO ACTION – Representative Spanberger of Virginia’s 7th Congressional District has drafted legislation entitled,  H.R. 2171, “Freedom To Invest in Tomorrow’s Workforce Act.” This legislation expands the provisions of existing law with respect to the allowable uses of Section 529 education tuition accounts to include most expenses paid by the holders of private professional certifications. We need you to contact your House and Senate members to ask them to co-sponsor this legislation.

CLICK HERE TO PARTICIPATE

You can support this effort with your voice and message. Go here>  https://ihmm.org/45-in-5-task-force/  and fill out your contact information where provided and help to pass H.R. 2171/S. 905.

IHMM/HMS Coronavirus Resources

A Collaborative Culture

There are 720 different conversations going on in the IHMM/HMS Collaboration platform this week.

A collaborative culture is important for every business but is especially important for our hazardous materials, dangerous goods, environment, health, and safety communities of practice. Do you have a problem you need to solve and want the opinions of your colleagues? This is where we come together to help each other.

IHMM credentialed professionals are at the top 1% of their professions and their reach is global. We are at the forefront of environmental protection, health, and safety and this is where collaborating with the best people in their fields, always willing to help one another, lessens the stress of our jobs, and where we strive as a team to make a difference of which we are proud.

We opened COLLABORATION to enable thousands of certificants and supporters to collaborate together. You can collaborate here.

Access to COLLABORATION is through the same username/password you use to access your MYIHMM account. Having a problem? Contact Jimmy Nguyen at [email protected]

Columbia Southern University

The Hazardous Materials Society [HMS] is a partner of Columbia Southern University. Columbia Southern University is an online university based in Orange Beach, Alabama, that strives to change and improve lives through higher education by enabling students to maximize their professional and personal potential.

A subsidiary of Columbia Southern Education Group, CSU offers online degree programs at the associate, bachelor, master, doctorate or certificate levels in a multitude of areas such as occupational safety and health, fire administration, criminal justice, business administration, human resource management, health care administration and more. CSU also features undergraduate and graduate certificate programs to provide focused training in specialized areas for adult learners.

Click on the CSU graphic at left and learn more about the professional development and degree program opportunities at CSU.

IHMM CONFERENCES FOR 2022

IHMM will attend and support a number of conferences and trade shows throughout 2022, virtually as well as in-person as COVID issues allow. Below are some of the conferences IHMM will support in 2022.

Are there conferences you believe IHMM should attend that do not appear here? If so, let us know by sending an email to [email protected]

VENDOR ALERT

IHMM had a record number of applications in 2021 – 704.  In 2021 IHMM delivered the largest number of examinations since 2016 – 477.  IHMM has 975 students in the pipeline moving through applications and examinations. IHMM has 358 students taking examinations right now. IHMM has another 546 students headed to take examinations.

Are you seeing this business as a vendor of education and training services?

Contact IHMM Executive Director Eugene A. Guilford, Jr., CAE, at [email protected]

HMS EVENTS CALENDAR