Six Key Regs on Associations’ “Hit List”

A look at the rules organizations hope to kill — along with a few they hope Washington will enact.

3 MIN READ

With a new president and Congress sympathetic to their agendas, trade associations are hoping to finally rid contractors of some of the most offending government regulations including the new overtime rule.

President Trump has famously said he “will formulate a rule that says that for every one new regulation, two old regulations must be eliminated,” and associations are planning to hold him to that promise.

“WDMA is looking forward to working with Congress and the Trump Administration to promote fiscally-sound policies that will spur job creation, continue the housing recovery and improve the manufacturing climate in this country,” said Window and Door Manufacturers Association President and CEO Michael O’Brien.

The National Association of Home Builders (NAHB), meanwhile, said regulations must be subject to greater oversight, allow for increased public participation, be based on sound data, and “should only be undertaken after a careful consideration of the costs and benefits as well as the potential effects on small businesses,” the organization said in a statement outlining its political agenda.

In its statement, National Roofing Contractors Association (NRCA) decried regulations that “impose an unreasonable burden on business.” “The roofing industry has endured a wide array of regulations issued by federal agencies in recent years, and NRCA members consistently indicate regulatory reform is one of their top priorities,” said Dennis Conway, NRCA board chair.

Here’s a look at some of the specific regulations associations have in their sights for repeal or reform and what action they would like to see taken, according to an NAHB list::

  1. Lead Paint Rule: Mandate EPA to respond to the congressional call to action under the FY 2015 Appropriation Act policy rider that requires the agency to act on issues surrounding the lack of a qualifying lead-based paint test kit. Grant the petition for reconsideration currently pending. EPA’s regulation amending the renovator refresher training requirements under the RRP program created a bifurcated training structure that penalizes those seeking to utilize new opportunities for online training.
  2. Electronic Record Keeping: OSHA’s electronic recordkeeping rule should be repealed or withdrawn because it is merely a means to collect data without demonstrating that it will effectively reduce injuries and illnesses in the workplace.
  3. Fall Hazards: OSHA should create a residential fall hazard standard specifically tailored for the industry. A layered, risk-based approach to fall protection is needed that emphasizes the implementation of engineering controls and safe work practices to reduce employee exposures to fall hazards.
  4. Silica Rule: OSHA silica rule should be repealed or withdrawn and replaced with a rule that is both technologically and economically feasible.
  5. HRAs: Immediately lift the ban on health reimbursement accounts, or HRAs, because the HRA ban was instituted via regulatory guidance and not through the ACA’s reconciliation. HRAs are a way employers who can’t offer full health insurance benefits have traditionally offset costs for employees.
  6. Overtime: Immediately issue a new regulation to repeal DOL’s overtime rule.
  7. Independent Contractors: Repeal DOL’s guidance documents limiting the use of independent contractors and creating new categories of joint employment.

But despite their zeal to repeal, associations actually want these regulations passed:

The Regulations from the Executive in Need of Scrutiny (REINS) Act — legislation that would require Congress to approve all federal agency regulations that have an annual economic impact of $100 million or more.

The Regulatory Accountability Act legislation that would make the regulatory process more transparent, agencies more accountable and regulations more cost-effective.

The Small Business Regulatory Flexibility Improvements Act – legislation that would improve the regulatory process by strengthening agency analysis of a rule’s effect on small businesses.

About the Author

Gary Thill

Gary Thill is an award-winning freelance journalist based in Portland, Ore.

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