PCCA Journal|2
nd
Quarter 2013
41
OSHA Broadens Digger Derricks
Exemption in Cranes Standard
T
he Occupational Safety and Health Administration
has issued a final rule that broadens the current
exemption for digger derricks used in the electric-
utility industry. The exemption has been expanded to include
telecommunications work in addition to electric-utility work.
This final rule provides a complete exemption from having to
follow the requirements of Subpart CC of the Cranes and Der-
ricks in Construction standard. The digger derricks exemp-
tion is part of the Cranes and Derricks final standard that was
issued August 9, 2010.
Digger derricks are pieces of equipment used to drill holes
for utility poles. These digger derricks are commonly used by
companies to place poles inside holes and attach transform-
ers and other items to the poles.
OSHA published a direct final rule and a companion notice
of proposed rulemaking on November 9, 2012, and received
a significant adverse comment on the direct final rule during
the comment period. The agency then withdrew the direct
final rule on February 7, 2013. After considering the com-
ment, OSHA is issuing this final rule based on the notice of
proposed rulemaking.
The rule becomes effective June 28, 2013.
U.S. Chamber: After Three Years,
Health Care Law Has Failed to
Live Up to Promises
T
he U.S. Chamber of Commerce’s Executive Vice Pres-
ident for Government Affairs Bruce Josten released
the following statement on March 22, the three-year
anniversary of the Patient Protection and Affordable Care Act
(PPACA) being signed into law:
“After three years, we have only just begun to see the real
impact of the health care law, and we still don’t know what
the repercussions will be next year when the employer man-
Labor News
D.C. Circuit Vacates
NLRB Notice Posting Rule
I
n August 2011, the National Labor
Relations Board (NLRB) issued
a rule that required all private
employers to post a notice informing
employees of their rights under the Na-
tional Labor Relations Act and declared
that a failure to post was an unfair labor
practice. Since then, the rule has been
challenged in federal courts in South
Carolina and the District of Columbia.
On May 7, the U.S. Court of Appeals for
the District of Columbia ruled that the
NLRB’s means for enforcing the posting
requirement were invalid and vacated
the posting rule.
Among the arguments addressed
was whether the NLRB’s requirement
that employers disseminate the NLRB’s
message by posting a notice, or else
face the penalty of committing an unfair
labor practice, violated employers’ First
Amendment right against compelled
speech. The result of this ruling is that,
for now, employers need not post the
NLRB notice.
The Coalition for a Democratic Work-
place lauded the decision, which it said
“invalidated an illegal NLRB rule requir-
ing nearly 6 million businesses to post
notices that amounted to little more than
advertisements for union membership.”
CDW was a party in the case and has
been a leading voice for the business
and advocacy community on this issue
as part of the organization’s overall
mission to ensure balanced workplace
policy and protect employees’ rights to
make informed, coercion-free decisions
about association in the workplace.
“Employers are gratified the court
has examined the issue thoroughly and
arrived at the logical conclusion that the
board veered outside its legal authority
and an inappropriate rule has been set
aside,” CDW Chairman Geoffrey Burr
said. “The court has put the NLRB on
notice: It must live within the confines
of the law.”
Burr added, “CDW and its allies will
continue to monitor this issue and pre-
pare for possible further litigation.”
Continued on page 42
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