NCAE Regulatory Updates
We have seen many regulatory changes proposed in the past few years. Some proposals, such as the Department of Labor (DOL) proposal on youth labor in agriculture, and a Department of Transportation (DOT) proposal on licensing requirements for farm vehicles were quickly withdrawn. Others have progressed. According to BNA, the Wall Street Journal, The Hill, and others we should expect significantly more regulatory action before the end of 2015 as the President nears his last year in office.
NCAE continues to monitor regulatory proposals and has commented on several regulations that are still pending that would impact agricultural employers, including:
• Final Rule, Pesticide Worker Protection Standard (WPS.)
• Proposed change in H-2A worker housing standards to make all OSHA compliant regardless of when built.
• DOL significant exempt employee/overtime changes.
• Proposed rule on Pesticide Applicator Certification Standards. (NCAE Comments on EPA Certification of Pesticide Applicators 1-12-2016 )
• DOL changes to H-2A Special Procedures for Open Range Herders.
• Comments to USCIS questions on immigration processes relative to H-2A and H-2B workers.
We also continue to engage elected officials in questioning regulatory mission creep to assure regulations offer real protections while allowing American agriculture to remain competitive and sustainable.
2017 Five Months In: Trends in Regulation, Enforcement and Ag Labor Issues – Prepared for NCAE By Chris Schulte, CJ Lake LLC