b'(continued from page 1)Relationsact.InitsdecisiontheNLRBrevisedthe standard that it will use to determine whether workers etc.Aninstancebyinstancesetofcitationswill areareemployeesorindependentcontractorsunder also be able to be issued by a compliance officer ifthe NLRA. The Board overruled a 2019 decision by he has observed employees exposed to these typestheboardwhichemphasizedentrepreneurial ofhazardsandthendeterminesthattheemployeropportunityasakeyfactorwhenevaluatinga hadreceivedawillful,repeatorfailuretoabateworkers independence to pursue economic gain and violationforanyOSHAviolationduringthereturnedtoatraditionalcommon-lawtest,whichpreceding 5 years or that the employer had at anyrequires the consideration of several factors but does time failed to report a fatality, inpatient hospitaliza- not create greater weight in any one factor. So, under tion, amputation or loss of an eye pursuant to thethisdecisiontheboardstatedthattheindependent requirements of 29 CFR 1904.39.businessanalysisencompassesconsiderationsof whethertheworker hasasignificantentrepreneurial CounselalsoreportedthatOSHAisopportunityandwhethertheworkerhasarealistic examiningexpandingthecurrentenforcementofability to work for other companies, has proprietary or combustibledusthazardstothemanufactureofownership interest in their work, and has control over trussesandthesecondarycuttingorsawingofimportant business decisions such as the scheduling of precut lumbar.the contractors performance, the hiring, selection and assignmentofemployees,thepurchaseanduseof Counsel also reported on the recent decisionequipmentandthecommitmentofcapital.Thisby the United States Supreme Court in the Glacierdecisionisimportantbecausewhenbroadlyreadit Northwest,Inc.v.InternationalBrotherhoodofmakesitclearthatadecisiononwhetherornota Teamsters finding the Teamsters liable for damagesworker is an independent contractor, or an employee causedtotheemployerwhilemembersofthewill not be made based upon just one of those factors bargaining unit were striking the employer. This isbut on consideration of all factors I have enumerated amajorpro-managementdecisionwhichisbeenabove. decried by organized labor because it removes from organizedlaboroneofthetoolsithasusedinFinally, counsel advised the board that OSHA has order to push an employer into agreeing to its termsbeenmovingforwardtoissueafinalrulethatwillfor the settlement of strike issues.reinstatetheClintonerashamerule.Thiswouldexpandreportingrequirementstoemployerswith Generalcounselalsoreportedthatthe100+employeesandwhoworkinhighhazardDepartmentofLaborhasjoinedwiththeFederalindustries.Highhazardindustriesincludejustabout TradeCommissionineffortstoprohibitnon- everythingintheconstructionindustry.Underthis compete agreements or such clauses in contracts inrule,thoseemployerswouldhavetoelectronically hiring documents. We are not aware that there hasfile,inadditiontotheirOSHA300Aform,their yetbeenissuedafinalrulebutbothagenciesareOSHA 300 and OSHA 301 forms in March of each moving in that direction. year.TheseformswouldbepostedontheOSHA website and open to public scrutiny. Under the same General counsel reported that the EEOC hasproposal establishents with 250 or more employees recentlyheldhearingsontheapplicationofthatarenotindesignatedhighhazardindustries artificial intelligence in the making of employmentwould no longer be required to routinely electronical-decisions by Company management.ly submit record-keeping information OSHA.Counselalsoreportedonarecentdecision bytheNationalLaborRelationsBoardwhichrevises the framework for determining independent contractor status under the National Labor 4'