Government Affairs Update NSC Workplace, Transportation & Grassroots Advocacy Strategies

1. Government Affairs UpdateNSC Workplace, Transportation & Grassroots Advocacy Strategies Update to Chapters September 28, 2013

2. Discussion Topics • Workplace Advocacy • Capitol Hill Priorities • OSHA Partnership Activities • NIOSH Partnership Agreement • Transportation Advocacy • Federal Transportation Advocacy • NSC Advocacy Efforts in Targeted States • Grassroots Advocacy • Constituent Advocacy Program • Formation of a Key Contact Program • How Chapters Can Help

3. Capitol Hill Workplace Advocacy Priorities • Fund NIOSH at its FY 12 funding levels and preserve funding for the AgFF Sector Program and ERCs. • Fund OSHA at its FY 12 funding level and ensure that all of the agency’s key functions are adequately funded • Support Voluntary Protection Program Act • Support Protecting America’s Workers Act • Build relationships with staff on key workplace safety committees

4. Overall Budget Challenges • No agreement on FY 13 appropriations bills; Congress passed year long continuing resolution to fund government • Sequestration cuts have affected OSHA and NIOSH budgets • Lack of budget agreement for FY 14 puts future spending levels in jeopardy • Senate budget funds government at $1.058 trillion; Labor HHS appropriations bill at $164.33 billion • House budget funds government at $967 billion; Labor HHS appropriations bill at $121.8 billion • Another short-term continuing resolution is likely • Debt ceiling debate in October

5. NIOSH Funding The Situation • White House proposed eliminating the NIOSH Education and Research Centers (ERCs) and Agriculture Forestry and Fishing (AgFF) Sector Program in its proposed FY 14 budget • Senate appropriations bill retains funding for ERCs and AgFF program • House has yet to release appropriations bill text, but House Study Committee supports the elimination of ERCs and AgFF program • Senator Tom Harkin (D-IA) to retire at end of 2014 NSC Activities • Meetings with House and Senate appropriations committee staff and staff of members who serve on the House and Senate Appropriations Committees to educate them on the importance of these programs, especially for the business community • Meeting with White House Office of Management and Budget • Group letters to lawmakers with ASSE and AIHA • Friends of NIOSH group letter to appropriators • Grassroots advocacy alert to NSC members • Success stores of NSC Rising Stars of Safety who graduated from an ERC

6. Education and Research Centers • Alabama Education and Research Center (University of Alabama at Birmingham, Auburn University, and University of Alabama) • Northern California Education and Research Center (University of California, Berkeley; University of California, Davis; and University of California, San Francisco) • Southern California Education and Research Center (University of California, Los Angeles and University of California, Irvine) • Cincinnati Education and Research Center (University of Cincinnati) • Mountain and Plains Education and Research Center (University of Colorado Denver , Colorado State University, National  Jewish Medical and Research Center, Denver Health and Hospital Authority, and University of New Mexico Health Sciences Center) • Harvard Education and Research Center • Illinois Education and Research Center (University of Illinois at Chicago) • Heartland Center for Occupational Health and Safety (University of Iowa) • Johns Hopkins Education and Research Center

7. Education and Research Centers • Central Appalachian Regional Education and Research Center (University of Kentucky) • Michigan Education and Research Center (University of Michigan) • Midwest Center for Occupational Health and Safety (University of Minnesota) • New York /New Jersey Education and Research Center (Mount Sinai School of Medicine, Hunter College School of Health Sciences, New Jersey Institute of Technology, New York University, and University of Medicine and Dentistry of New Jersey) • North Carolina Occupational Safety and Health ERC (UNC at Chapel Hill) • Sunshine ERC (University of South Florida) • Southwest Center for Occupational and Environmental Health (University of Texas) • Rocky Mountain Center for Occupational and Environmental Health (University of Utah) • Northwest Center for Occupational Safety (University of Washington)

8. Agriculture Forestry and Fishing Program Centers • National Children’s Center for Rural Agricultural Health and Safety (Marshfield Clinic, WI) • Central States Center for Agricultural Safety and Health (University of Nebraska Medical Center) • Great Plains Center for Agricultural Health (University of Iowa) • High Plains Intermountain Center for Agricultural Health and Safety (Colorado State University) • Northeast Center for Agricultural Health (Cooperstown, NY) • Pacific Northwest Agricultural Safety and Health Center (University of Washington) • Southeast Center for Agricultural Health and Injury Prevention (University of Kentucky) • Southwest Center for Agricultural Health, Injury Prevention and Education (University of Texas Health Science Center) • Upper Midwest Agricultural Safety and Health Center (University of Minnesota) • Western Center for Agricultural Health and Safety (UC Davis)

9. OSHA Funding The Situation • White House budget calls for slightly increased funding for whistleblower protection enforcement and safety and health standards; and slightly decreased funding for compliance assistance programs • Senate appropriations bill has slight increase for OSHA with money going to whistleblower protections enforcement • House has yet to release its appropriations bill text, but last year’s proposed House bill included many objectionable policy riders of concern to the Council NSC Activities • Meetings with House and Senate appropriations committee staff and staff of members who serve on the House and Senate Appropriations Committees to educate them on the importance of balanced, stable funding for OSHA • Group letters to lawmakers with ASSE and AIHA • Grassroots alert on NSC constituent advocacy website

10. OSHA & NIOSH Appropriations * The FY 13 Continuing Resolution does not take sequestration into account. NIOSH’s FY 13 level is a “comparably adjusted” number.

11. FY ‘15 Appropriations Bill • Meeting with OMB to discuss importance of ERCs and AgFF • Working to secure House and Senate champions to circulate Congressional letters to White House in support of FY 12 funding levels for OSHA and NIOSH • Looking to identify Senate champion for ERCs and AgFF programs to replace retiring Senator Tom Harkin • Working with stakeholders to determine the best location for NIOSH within federal government • Expanding partnership efforts with organized labor in support of OSHA and NIOSH funding • Continuing advocacy partnership with ASSE and AIHA

12. Voluntary Protection Program Act Summary of Legislation • Codifies the current VPP program to encourage workplaces to incorporate voluntary programs to ensure the health and safety of employees at their worksites • Prohibits OSHA from charging fees for participation • Requires OSHA to make effort to attract greater small business participation Bill Status • Introduced in House by Rep. Petri (R-WI) on February 13th, pending before the House Education and Workforce Committee • To be introduced in Senate by Senator Mary Landrieu (D-LA)

13. Voluntary Protection Program Act NSC Action • Construction division made co-sponsoring the legislation one of their requests during their Capitol Hill Day • Meetings held with House Education and Workforce Committee and Senate HELP Committee to discuss possible consideration of the legislation • Conference call conducted with Senator Landrieu staff and members of organized labor to discuss organized labor’s concerns with the legislation • Grassroots advocacy alert to be issued when bill is introduced in Senate Steps Chapters Can Take to Garner Support for the Legislation • Encourage members to contact their legislators via NSC constituent advocacy website at appropriate time • Meet with key legislators in your state or territory; Government Affairs staff can help identify the meetings that would be most impactful

14. Protecting America’s Workers Act Summary of Legislation • Expand OSHA coverage to federal, state and local government employees • Adjust civil penalties to account for inflation • Authorize felony prosecutions against employers who knowingly commit violations resulting in serious injury or death • Require employers to correct hazardous conditions while a citation for a serious, willful or repeat violation is being considered • Require OSHA to investigate all cases of serious injury or death • Improve whistleblower protections • Allow victims’ families to be more involved in the investigatory process • Improve protections for workers in state plans by allowing for OSHA to enforce safety regulations when a state is deemed to be substantially out of compliance

15. Protecting America’s Workers Act Bill Status • Introduced in House by Rep. Miller (D-CA) on April 18th, pending before the House Education and Workforce Committee; and introduced in Senate by Sen. Murray (D-WA), pending before HELP Committee NSC Action • Council staff have developed a policy-position in support of the legislation. The policy-position is pending review by NSC delegates and divisions • Meetings with staff of members who serve of the House Education and Workforce Committee or Senate HELP Committee if NSC adopts a policy-position on the legislation • Grassroots advocacy alert to be issued if NSC adopts policy-position in support of the legislation Steps Chapters Can Take to Garner Support for the Legislation • Encourage members to contact their legislators via NSC constituent advocacy website at appropriate time • Meet with key legislators who represent your state or territory. GovernmentAffairs staff can help identify the meetings that would be most impactful

16. Growing Relationships with Key Workplace Safety Committees • Meetings with committee staff to identify specific ways we can support their efforts • Working with committee staff to identify NSC members and staff who could testify in support of I2P2 at future Congressional hearings • Sharing NSC white papers and best practice documents with committee staff

17. Senate HELP Committee Members Chairman Tom Harkin (D-IA) Sen. Barbara Mikulski (D-MD) Sen. Patty Murray (D-WA) Sen. Bernie Sanders (I-VT) Sen. Bob Casey (D-PA) Sen. Kay Hagan (D-NC) Sen. Al Franken (D-MN) Sen. Michael Bennet (D-CO) Sen. Sheldon Whitehouse (D-RI) Sen. Tammy Baldwin (D-WI) Sen. Chris Murphy (D-CT) Sen. Elizabeth Warren (D-MA) Sen. Lamar Alexander (R-TN) Sen. Michael Enzi (R-WY) Sen. Richard Burr (R-NC) Sen. Johnny Isakson (R-GA) Sen. Rand Paul (R-KY) Sen. Orrin Hatch (R-UT) Sen. Pat Roberts (R-KS) Sen. Lisa Murkowski (R-AK) Sen. Mark Kirk (R-IL) Sen. Tim Scott (R-SC)

18. House Education and Workforce Committee Republican Members Chairman John Kline, Minnesota Thomas E. Petri, Wisconsin Howard P. “Buck” McKeon, California Joe Wilson, South Carolina Virginia Foxx, North Carolina Tom Price, Georgia Kenny Marchant, Texas Duncan Hunter, California David P. Roe, Tennessee Glenn Thompson, Pennsylvania Tim Walberg, Michigan Matt Salmon, Arizona Brett Guthrie, Kentucky Scott DesJarlais, Tennessee Todd Rokita, Indiana Larry Bucshon, Indiana Trey Gowdy, South Carolina Lou Barletta, Pennsylvania Martha Roby, Alabama Joseph J. Heck, Nevada Susan W. Brooks, Indiana Richard Hudson, North Carolina Luke Messer, Indiana

19. House Education and Workforce Committee Democratic Members Ranking Member George Miller, California Robert E. Andrews, New Jersey Robert C. "Bobby" Scott, Virginia Rubén Hinojosa, Texas Carolyn McCarthy, New York John F. Tierney, Massachusetts Rush Holt, New Jersey Susan A. Davis, California Raúl M. Grijalva, Arizona Timothy H. Bishop, New York David Loebsack, Iowa Joe Courtney, Connecticut Marcia L. Fudge, Ohio Jared Polis, Colorado Gregorio Sablan, Northern Mariana Islands John Yarmuth, Kentucky Frederica S. Wilson, Florida Suzanne Bonamici, Oregon

20. Senate Labor HHS Appropriations Subcommittee Members Chairman Tom Harkin (D-IA) Sen. Patty Murray (D-WA) Sen. Mary Landrieu (D-LA) Sen. Dick Durbin (D-IL) Sen. Jack Reed (D-RI) Sen. Mark Pryor (D-AR) Sen. Barbara Mikulski (D-MD) Sen. John Tester (D-MT) Sen. Jeanne Shaheen (D-NH) Sen. Jeff Merkley (D-OR) Sen. Jerry Moran (R-KS) Sen. Thad Cochran (R-MS) Sen. Richard Shelby (R-AL) Sen. Lamar Alexander (R-TN) Sen. Lindsey Graham (R-SC) Sen. Mark Kirk (R-IL) Sen. Mike Johanns (R-NE) Sen. John Boozman (R-AR)

21. House Labor HHS Appropriations Subcommittee Members Chairman Jack Kingston (R-GA) Rodney Alexander (R-LA) Mike Simpson (R-ID) Steve Womack (R-AR) Chuck Fleischmann (R-TN) David Joyce (R-OH) Andy Harris, MD (R-MD) Rosa DeLauro (D-CT) Lucille Roybal-Allard (D-CA) Barbara Lee (D-CA) Mike Honda (D-CA)

22. OSHA-NSC Alliance • Products developed this year • Fall protection measures case study • Near miss reporting systems fact sheet • Products to be developed over the next year • A sample policy for employers focused on encouraging worker engagement in identifying hazards and reducing risk in the workplace • A fact sheet focused on the specific hazard identification and control topics that should be included in worker training • A fact sheet on the business case for I2P2 • All OSHA Alliance developed products will continue to be shared with the chapter network for inclusion in chapter newsletters

23. OSHA-NSC Alliance • Construction Roundtable • NSC is helping to lead a new OSHA Alliance Program Construction Roundtable workgroup focused on the management commitment and employee engagement components of injury and illness prevention programs • OSHA Sessions at NSC Congress • OSHA Administrator Dr. David Michaels to present at Occupational Keynote session on Monday @ 12:30 • OSHA will participate in 6 technical sessions • Assessing Completeness of Work Injury Reporting • Best Practices for Fall Protection: AWPs and MCWPs • OSHA Construction Update: Confined Spaces, Backovers and Cranes • OSHA Current Activities Update • OSHA On-site Consultation: Success Stories • Protecting Contract Employees at VPP Sites

24. OSHA Heat Illness Prevention Campaign • Nationwide outreach campaign to raise awareness among workers and employers about the hazards of working outdoors in hot weather • Educational resources, including training on how to use the “heat index” • Advisory, not regulatory • Products produced this year • Campaign information flyer in both English and Spanish • “Stay Healthy in the Heat” drop-in article osha.gov/SLTC/heatillness

25. OSHA Falls from Heights Campaign • Falls are the leading cause of death in construction • Plan, Provide, Train • Products produced this year • Ladder Safety Booklet • Extension Ladders Fact Sheet • Job-made Wooden Ladders Fact Sheet • Safe Use of Stepladders • New Prevention Videos • Fall Protection: Roofing • Fall Protection: Trusses • Falls in Construction: Skylights osha.gov/stopfalls

26. Top OSHA Rulemaking Efforts • I2P2 rulemaking • Top agency rulemaking priority • Little progress in the last year • Next step is SBREFA panel • SBREFA panel now targeted to meet in January 2014 • Silica rulemaking • Proposed rule released earlier this month • Current PEL adopted in 1971 and woefully outdated • Would update and standardize acceptable exposure limits: new limit of 50mcg/m3 • Requires employers to monitor airborne silica in the workplace, unless they prove no exposure over 25mcg/m3 • Workers exposed to silica for at least 30 days/year must be subjected to medical surveillance • Public hearing scheduled for March 2014 • Combustible dust rulemaking • Next step is SBREFA Panel • SBREFA panel now targeted to meet in November 2013

27. NIOSH Programs Update • Partnership agreement to be renewed during NSC Congress • Partnership activities this year • NSC publishing of NIOSH products, including ladders safety phone app, fatality investigation reports, construction fall prevention campaign, Safe-in-Sound Excellence in Hearing Loss Prevention Awards • NSC serving on the NORA Manufacturing Sector Council • NSC contributing to NORA Construction Sector through participation in dialogue on safety culture/climate in the construction industry • NIOSH staff participating in NSC meetings, including the NSC Congress R2P track, developed with the NORA Manufacturing Council • NIOSH Director Dr. John Howard to present at Occupational Keynote session on Monday @ 12:30

28. Transportation Advocacy

29. Surface Transportation Bill (MAP-21) • Legislation signed into law July 2012 • Distracted driving and GDL incentives for states were included in the bill • NHTSA released an interim final rule earlier this year on state eligibility requirements for these grants, with a final rule expected towards the end of the year • 7 states qualified for distracted driving grants in 2013: Arkansas, Georgia, Maine, Minnesota, North Dakota, Rhode Island, and West Virginia • NSC has created state-specific fact sheets detailing changes needed to make to qualify for grants

30. NSC Priorities in Next Federal Highway Bill • Continuation of newly enacted distracted driving and GDL grants • A requirement for FMCSA and PHMSA to promulgate rules requiring a complete prohibition on cell phone use by CMV drivers

31. State Advocacy - California • In 2013, NSC advocated for two pieces of legislation: • SB 194, a bill to expand the teen driver cell phone restriction from a handheld ban to a total cell phone ban, passed both the Assembly and the Senate, and is now awaiting the Governor’s signature • AB 1113, which makes several changes to the state graduated drivers licensing program, has passed both the Assembly and the Senate. The bill must return to the Assembly for concurrence before it can be signed by the Governor. • Upgrades nighttime restriction from 11pm to 10pm start • No passengers under age 21 for first 12 months (currently age 20) • Traffic convictions results in a 6 month licensure delay

32. State Advocacy - Texas • In 2011, Gov. Rick Perry vetoed a bill banning texting for all drivers • The legislature only in session every other year • In 2013, NSC advocated for two pieces of legislation: • HB 63, a primary texting ban, passed the House but failed to reach the Senate floor – died in Committee • HB 3483, which increases supervised driving hours requirement from 20 to 30 and extended passenger and nighttime restrictions to age 18, was signed into law • NSC testified before several committees in support of both bills

33. State Advocacy - Ohio • In 2012, the state passed legislation to implement new cell phone restrictions • Texting ban for all drivers, secondary enforcement • Total device ban for drivers under age 18, primary enforcement • In 2013, legislation has been introduced to improve Ohio’s GDL system. Provisions include: • Upgraded passenger restriction to no more than 1 over the age of 21 during first 12 months of intermediate licensure (except family) • Nighttime driving prohibition from 10:00 p.m. to 5:00 a.m. during intermediate licensure • Primary belt enforcement for driver and all passengers in any vehicle operated by a driver under GDL restrictions

34. Other State Highlights • Hawaii – enacted a cell phone ban for teen drivers • Maryland – upgraded teen cell phone ban to primary enforcement • New Jersey – increased fines for texting ban violations • Virginia – upgraded GDL passenger restriction • West Virginia – upgraded seatbelt law to primary enforcement

35. 2014 State Advocacy • Continue to work in Ohio to improve state’s GDL law • Identify GDL, primary texting ban and total teen cell phone ban legislation to support in other states • Lay the groundwork for securing passage of a total cell phone ban in a state or large municipality

36. Grassroots Advocacy

37. NEW Key Contact Program • Politics is relationships, and discovering the connections between NSC members and their elected officials will strengthen NSC advocacy capabilities • We are launching the key contact program with delegates, division members and chapters at NSC Congress • We will be reaching out to all members via email and other communications channels in the coming months • Laptop computers are set up in the rear of the room to complete the survey during breaks

38. Key Contact Program Survey

39. Key Contact Program Survey

40. Constituent Advocacy Program - Capwiz • Capwiz enables NSC to engage advocates, who can then quickly take action on issues of interest • Specific Successes • 1120 activists have sent 1604 messages since we launched last year • California • 17 activists sent messages in support of strengthening the state texting ban • Michigan • 125 activists sent 133 messages in support of Kelsey’s Law • US • 415 activists sent 432 messages opposing the elimination of distracted driving incentive grants in the highway bill

41. Advocacy Alerts • Please encourage members, friends and family to subscribe to advocacy alerts and participate by taking action on them • You can choose to receive action alerts in up to four areas of interest • Distracted Driving • Teen Driving • Prescription Drug Abuse • Workplace Safety nsc.org/alerts

42. Increasing Member Engagement in NSC Advocacy Efforts • Email to NSC members requesting that they complete key contact survey and sign up for advocacy alerts • Membership webinar in December to educate members on NSC workplace advocacy strategies and importance of taking action • Engaging volunteer leadership with advocacy updates on delegates and division leader calls • Offering advocacy training sessions at victim advocate training sessions

43. How Chapters Can Help • Complete the key contact program survey while at NSC Congress • Encourage chapter staff to complete the survey • Include information about the survey and key contact program in chapter newsletters, on your website and via social media • Encourage your members to take action when advocacy alerts are issued for legislation in your state(s) or territory • Build relationships with your federal and state elected officials

44. Questions? Luke George Senior Government Relations Manager 202.974.2480 Luke.George@nsc.org