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FEBRUARY
2002
FEDERAL
LAWS: WHAT YOU CAN EXPECT FROM CONGRESS IN 2002: Based
on several conversations with members in the House and
Senate, you can expect their priorities to be as follows: Top
Priority: Homeland and National Security, Fast Track
Trade Authority for the President, a new Economic Stimulus
Plan (Republicans want tax breaks, the Democrats want more
for the unemployed), Energy Plan, Election Reform and passage
of a Farm Bill. Additionally, with the Enron Scandal, Pension
Reform has been moved to the top of the agenda. Campaign
Finance Reform, which had lost all momentum after 9/11,
is now back on the "priority" list by a coalition
of Republicans and Democrats, but the Republican Leadership
would still like to see the issue tabled. Low Priority: Social
Security recipients being able to invest a small portion
of their contributions into an Individual Savings Account,
Medicare Reform and passage of a Patients Bill of Rights. Article
Source: Law Offices of Mike Stoker, 2/11/02, (805) 937-6790,
MikeStoker@aol.com.
STATE
LAWS: WHAT YOU CAN EXPECT FROM SACRAMENTO IN 2002: The
three E's (The Economy, Energy and Environment) will predominate
California politics in 2002. Political insiders indicate
that Gov. Davis has made some agreements with key figures
in the field of organized labor and the environment to
push their agenda in 2002 in exchange for enthusiastic
support in the Governor's race. Since becoming Governor,
Davis has played to the mainstream in both the environmental
and labor arena. Expect that to change in 2002. For instance,
the Worker's Compensation legislation that has been vetoed
three times is, according to its proponents, is going to
get Gov. Davis' support this time. SB 71, which the Governor
vetoed, would have increased worker's compensation costs
to business by an estimated $3.6 billion per year. However,
the status of California's budget will most likely be the
focus of debate in our state capitol. In 12 months, Gov.
Davis has seen the state budget go from almost a 12 billion
dollar surplus and what is now expected to be a 14 to 20
billion dollar deficit by June 2002. You can count on the
budget to be the focal point in the legislature as well
as the campaign trail between Davis and whoever becomes
the Republican nominee. Article Source: Law Offices
of Mike Stoker, 2/11/02, (805) 937-6790, MikeStoker@aol.com.
EMPLOYERS
MUST KEEP NEW OSHA LOG 300: Employers covered by OSHA's
record-keeping obligations must maintain Cal/OSHA Log 300
forms and comply with the new record-keeping requirement,
effective January 1, 2002. The Log of Work-Related Injuries
and Illnesses (Form 300) classifies work-related injuries
and illnesses, notes the extent and severity of each case
and records specific details about what happened. An injury
or illness is considered work-related if an event or exposure
in the workplace caused or contributed to the condition
or significantly aggravated a pre-existing condition. There
are two principal exemptions to the Log 300 requirement:
small employers (10 or fewer employees) and employers with
certain industrial classifications (private employers with
a Standard Industry Classification of 52- 89, except 52-55,
57, 70, 75, 76, 781, 79 and 80). Employers must record
work-related injuries and illnesses that result in death;
loss of consciousness; days away from work; restricted
work activity or job transfer; and medical treatment beyond
first aid. Employers also are required to record work-related
injuries and illnesses that are significant or meet the
following criteria: any needle-stick injury or cut from
a sharp object that is contaminated with another person's
blood or other potentially infectious material; any case
requiring an employee to be medically removed under the
requirements of an OSHA standard; any Standard Threshold
Shift (STS) in hearing; and tuberculosis infection. Employers
must keep a log for each establishment or site. Employers
with more than one establishment must keep a separate log
and summary for each physical location expected to be in
operation for one year or longer. Note that every February,
employers still must post the familiar Cal/OSHA Forms 101
and 200 (also known as Log 200). However, as of January
1, 2002, injuries and illnesses must be noted on the new
Form 300.
SURVEY
RELEASED REGARDING CALIFORNIA'S ANTI-BUSINESS CLIMATE: The
California Chamber of Commerce and the California Business
Roundtable recently published results of a survey they
conducted among 400 business leaders in our state. One
area that this survey focused on was how the California
business climate compared to other states. The results
were not good. Business leaders cited a number of areas
where our state is at a competitive disadvantage to other
states. Here are some examples:
- 81%
say that Housing costs in California are much more expensive
than other states. High housing costs and the subsequent
lack of affordable housing impact employees of all California
businesses.
- 74%
say that Energy costs in California are significantly higher
than other states.
- 71%
say that Employee costs such as worker's compensation and
insurance make it difficult to operate in California.
- 2/3rds
of respondents listed Taxes and Regulations as other areas
where California costs more than other states.
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