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The Latest News From the Department of Labor

April 19, 2018

There were several important developments at the Department of Labor (DOL) that may be of interest to NFDA members.

On April 12, Secretary of Labor Alex Acosta testified on the DOL Fiscal Year 2019 budget request before the House Committee on Appropriations Subcommittee on Labor.

Rep. Roy Blunt (R-MO), chair of the subcommittee, described the DOL request as “once again ... under significant budgetary constraints .... The proposal reduces funding for the Department by $1.3 billion, a decrease of 11 percent.

At the hearing, Acosta discussed several themes we have heard before, including reducing regulation and providing clarity on regulatory requirements.

With respect to OSHA, Acosta, a former United States attorney, described the need for both enforcement and compliance assistance. He noted that the number of enforcement-related inspections conducted in 2017 had increased. However, Acosta suggested that OSHA’s emphasis will be on providing compliance assistance, namely by helping business comply with the laws before incidents occur and remain in compliance with worker protection laws.

Despite the overall reduction in the DOL FY 2019 budget, the request includes increases for several OSHA programs, federal enforcement and compliance assistance and outreach, including resources for the Voluntary Protection Program.

The Senate, on April 12, confirmed Patrick Pizzella as deputy Labor secretary. Pizzella was confirmed by a vote of 50-48, following a cloture vote. Cloture is a procedure to end debate so that a vote may be taken; it requires a vote of 3/5 of the Senate membership, or 60 Senators.

Pizzella served in the three previous Republican administrations. Most recently Pizzella had been acting Chairman of the Federal Labor Relations Authority. He has served at DOL before, having been confirmed in 2001 as assistant secretary of labor for administration and management.

Although a seasoned political veteran, Pizzella has been waiting since June 2017 for confirmation. There is no word or schedule for the confirmation of Scott Mugno, Fed Ex executive, to lead OSHA. Mugno’s nomination continues to await a vote by the full Senate.

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