Flashings

DOL whistleblower committee re-established

Secretary of Labor Thomas E. Perez announced May 13 the Department of Labor's (DOL's) Whistleblower Protection Advisory Committee (WPAC) will be re-established. WPAC advises and makes recommendations to the secretary of labor and the assistant secretary for occupational safety and health about how to improve the fairness, efficiency, effectiveness and transparency of the Occupational Safety and Health Administration's (OSHA's) whistleblower protection activities.

By re-establishing WPAC, the committee will be able to provide advice for improving investigative and enforcement processes, training of OSHA investigators, improving the regulations governing OSHA investigations and cooperative activities with federal agencies responsible for areas covered by OSHA-enforced whistleblower protection statuses. The committee will help OSHA obtain advice from whistleblowers and worker advocates, employers and employer representatives, attorneys, investigation and administrative law experts, and academic researchers. The committee charter will remain in effect for two years.

For more information about WPAC, visit www.dol.gov or www.osha.gov.

OSHA announces heat illness awareness campaign

The Occupational Safety and Health Administration (OSHA) has launched its fourth annual Campaign to Prevent Heat Illness in Outdoor Workers, a campaign that aims to raise awareness and educate workers and employers about the dangers of working in hot weather and provide resources and guidance to address these hazards.

"Heat-related illness can be fatal, and employers are responsible for keeping workers safe," says Secretary of Labor Thomas E. Perez. "Employers can take a few easy steps to save lives, including scheduling frequent water breaks, providing shade and allowing ample time to rest."

Thousands of employees become sick and die from working in the heat each year; in 2012, there were 31 heat-related worker deaths and 4,120 heat-related worker illnesses. During 2013, OSHA issued 11 heat-related citations; in some cases, employers and staffing agencies were cited because they involved temporary workers.

Labor-intensive activities in hot weather can raise body temperatures beyond the level normally cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps but can escalate quickly to heat exhaustion and even heat stroke. Those who have not built up a tolerance to heat (acclimatization) are more at risk for heat illness, and it especially is dangerous for new and temporary workers.

OSHA has developed heat illness educational materials and a curriculum for workplace training in English and Spanish. OSHA also has a website providing information and resources addressing heat illness, www.osha.gov/SLTC/heatillness/index.html.

In addition, OSHA offers a free mobile app, enabling workers and supervisors to monitor the heat index at job sites. The app displays a risk level for workers based on the heat index, as well as reminders about protective measures to take at that risk level. The app is available for Android and Apple devices and can be downloaded in English and Spanish at www.osha.gov/SLTC/heatillness/heat_index/heat_app.html.

OSHA has worked closely with the California Occupational Safety and Health Administration and the National Oceanic and Atmospheric Administration (NOAA) to develop the campaign and incorporate worker safety precautions when heat alerts are issued across the U.S. NOAA also will include pertinent worker safety information on its heat watch website at www.noaawatch.gov/themes/heat.php.

For more information about the campaign, visit www.osha.gov.

SPRI receives funding for air barrier research

RCI Foundation Inc. U.S. and RCI Foundation Canada have donated $20,000 to SPRI as part of an industrywide research effort to address the 2012 International Energy Conservation Code® (IECC) continuous air barrier requirements. The research program's objective is to develop data and test procedures to demonstrate compliance with IECC's air barrier requirements for mechanically attached roof systems; IECC requires a continuous air barrier around the entire building envelope, including the roof assembly, the connection between the roof and wall air barrier, and around all roof penetrations. The project is supported by SPRI, the Canadian Roofing Contractors Association, NRCA and The Roofing Industry Alliance for Progress.

"SPRI is extremely grateful to the RCI Foundation Inc. U.S. and the RCI Foundation Canada for their support of this project," says Stan Choiniere, SPRI's president. "The participation of so many industry organizations speaks to the importance of this work and a united commitment to ensure that system suppliers, designers and installers can comply with the IECC requirements."

The research will be conducted by the National Research Council of Canada and will target IECC requirements with an objective of developing methodology that can be incorporated into ASTM International standards and ultimately adopted into the code. The project also will benefit the design community by developing test data for prescriptive construction details that would meet the code's air barrier requirements and an assembly test procedure to be referenced in the code.

SPRI will contribute $100,000 with the help of industry partners toward the program's total cost of $310,000; SPRI's additional $100,000 of in-kind support will include materials and labor to be used in the test program.

For more information about the research project, visit www.spri.org or contact info@spri.org.

Contractor penalized in DOL investigation

As a result of a Wage and Hour investigation conducted by the Department of Labor (DOL), Paul Johnson Drywall Inc., Prescott, Ariz., severed its relationship with Phoenix-based Arizona Tract LLC, a construction labor contractor, after Arizona Tract classified former Paul John Drywall workers as "member/owners" instead of employees, stripping workers of their basic worker protections afforded to employees.

DOL filed a consent judgment in the U.S. District Court for the District of Arizona in which Paul Johnson Drywall and its owner, Robert Cole Johnson, agreed to ensure misclassification of workers does not occur again and pay $556,000 in overtime back wages and liquidated damages to at least 445 current and former employees. Paul Johnson Drywall also has agreed to pay $44,000 in civil monetary penalties, resulting in a $600,000 payout for the company.

"This case exemplifies our commitment to eradicating unfair competition and pay schemes that result in employees not getting their fair pay for honest, hard work," says David Weil, Wage and Hour Division administrator. "Employers in this industry and others should take notice that we will not tolerate the misclassification of employees as independent contractors, and we will use all legal remedies available to recover unpaid wages for these workers."

Investigators found Paul Johnson Drywall violated the Fair Labor Standards Act's (FLSA's) overtime and record-keeping provisions. FLSA requires employers to distinguish employees from independent contractors; that covered employees should be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week; and maintain accurate time and payroll records. Companies that violate the law are liable to employees for their back wages and an equal amount in liquated damages, which are paid directly to the affected employees.

As part of the resolution in the case, Paul Johnson Drywall agreed all workers will be properly classified as employees and paid FLSA's required wages; a third-party monitor will ensure compliance by the company and require drywall subcontractors to conduct regular training of supervisors and employees regarding FLSA requirements; all subcontractors will be properly licensed, insured and comply with the FLSA; and an educational campaign will promote awareness of the importance of FLSA compliance in the Arizona residential construction industry.

To learn more about FLSA and the Wage and Hour Division, visit www.dol.gov/whd.

IRS launches penalty relief pilot program

The Internal Revenue Service (IRS) began a one-year pilot program in June to help small businesses with retirement plans that owe penalties for not filing reporting documents. By filing current and prior year forms during the pilot program, small businesses can avoid such penalties.

The IRS is targeting certain small businesses maintaining retirement plans that may have been unaware they had a filing requirement. The IRS predicts the pilot program will help bring a significant number of small-business owners into compliance with reporting requirements.

The pilot program will help plan administrators and sponsors who do not file an annual Form 5500 series return avoid penalties up to $15,000 per return. Those who already have a penalty for late filings are not eligible for the program; the program only is open to retirement plans generally maintained by certain small businesses, such as those with an owner-spouse arrangement or eligible partnership.

A single submission may contain multiple late retirement plan returns. If a retirement plan has delinquent returns for more than one plan year, all those returns can be eligible for penalty relief. Also, delinquent returns for more than one plan may be included in a single penalty relief request. There will be no filing fees charged during the pilot program.

For more information, visit Revenue Procedure 2014-32 at www.irs.gov/pub/irs-drop/rp-14-32.pdf.