The Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s (DOL) Employment and Training Administration (ETA) April 26 released their 2010 regulatory agendas, which included actions such as clarification of the Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADAAA) and plans to focus on expanding lead-safe requirements.
The ADAAA requires that the
definition of disability be construed more broadly in order to make it easier for an individual to establish that he or she has a disability under the ADA. Contractors have had to comply with the ADAAA since January 2009 and EEOC plans to issue a final rule by July that will provide guidance on the expanded definition of disability under ADAAA. In addition, EEOC has plans to
issue a final rule implementing the
Genetic Information Nondiscrimination Act, which prohibits employers from using genetic information when making employment decisions; limits employer access to that information; and imposes confidentiality requirements on employers that possess genetic information.
Under its 2010 agenda, the EPA is seeking to
expand its residential Lead-Safe Renovation, Repair and Painting (RRP) program, which requires the certification of contractors performing renovation, repair and painting projects that disturb more than six feet of lead-based paint in pre-1978 homes, child care facilities and schools. In addition to the
June 22 elimination of an existing exemption for residences where there are no pregnant women or children under the age of six, EPA hopes to expand the program to include
mandatory dust-wipe testing for elevated lead levels after work is completed and an expansion to include all commercial buildings and possibly building interiors. The dust-wipe testing proposed rule was issued in April and EPA has a target implementation date of July 2011. EPA is currently gathering information under an advance notice of proposed rulemaking on
expanding the RRP to commercial buildings and plans to issue a final rule by July 2013.
Admissions of workers under the H-2B visa program is facing alteration under the
ETA 2010 agenda. Currently, the Department of Homeland Security is required to obtain certification from the DOL that there are not enough U.S. workers available to fill the positions and that wages and working conditions won’t be affected before admitting a worker under the H-2B program. Under a rule expected to be finalized in November, ETA will more carefully assess the need for foreign workers, make more efforts to find U.S. workers for the job, review the current process for determining the effect on wages, and strengthen worker protections before admitting a worker under an H-2B visa.
For more information on the regulatory agendas of all government agencies, visit
www.regulations.gov.