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OSHA, states spar over electronic reporting WASHINGTON, D.C.—Weeks after the US Department of Labor an- nounced it had corrected an error in the implementation of OSHA's new electronic injury and illness reporting rule, confusion remained as to the sta- tus of employers in states with their own occupational safety plans. The Improve Tracking of Workplace Inju- ries and Illnesses Rule went into effect partially in 2016 and fully in 2017 after repeated delays. Among other provisions, the regulation requires employers with more than 250 em- ployees or smaller firms in certain high-risk industries to electronically submit workplace injury and illness data to OSHA. The data in question is already kept by employers but was not previously submitted electronically. OSHA announced at the end of April that it had corrected the error, which had allowed employers in states with state occupational safety plans that had not yet adopted their own electronic reporting rule to forego submitting re- cords. The agency said that it informed state plans that all employers they cover will be expected to comply with the rule for calendar year 2017, with a deadline of July 1, 2018, for reporting. Employers in states that already ad- opted such a rule, and those that do not have their own state plan, were re- quired to report calendar year 2016 in- juries and illnesses already. OSHA says employers in the states in question who were not required to turn in data for 2016 will not be made to retroactively report for that year. The states that have not yet imple- mented their own electronic reporting rule are: California, Maryland, Minne- sota, South Carolina, Utah, Washing- ton, and Wyoming. Some of these states have come out in opposition to OSHA's contention that the rule ap- plies regardless of the status of the rule in any given state. The rollout of the electronic reporting rule was colored by numerous delays as legal challenges wound through the court system and the administration of President Donald J. Trump took office in 2017 and reexamined many of the new regulations put into place at the tail end of the Obama administration. The online Injury Tracking Applica- tion went online August 1, and weeks later was taken down again over con- cerns about security. The form went live again in October and reportedly no breach was found. Trump releases infrastructure plan details WASHINGTON, D.C.—President Trump has released his proposed infra- structure plan, including $200 billion the administration says will spur at least $1.5 trillion in infrastructure invest- ments by state and local governments and private parties over the next decade. The plan relies largely on state, local, and private investment, relying on fed- eral funding to leverage more than six times as much new revenue from those sources. The proposal also looks to ex- pedite project permitting, limit envi- ronmental reviews, and increase work- force development. According to guidance released by the White House and the proposal itself, headed to Congress for consideration, $100 billion would be set aside for an Infrastructure Incentives Program, providing grants to states and munici- palities for specific projects. Each grant would comprise up to 20 percent of the project cost, with states expected to generate new revenue to cover the ma- jority of the cost of the work. Grant proposals would be solicited from state and local governments every six months after the establishment of the program, and projects would be chosen largely on the basis of how the project will leverage new, non-Federal investment. Other criteria would in- clude the dollar value of the project, evidence of improvements to effi- ciency in project delivery, plans to in- corporate new and evolving technolo- gies, and evidence the project will spur economic and social returns on invest- ment. Any one state should not receive more than 10 percent of the funds available via the incentives program, according to the plan. The proposed Rural Infrastructure Program would include $50 billion in federal investment, funds that would be distributed to state governors, who would decide how the money would be best used on infrastructure improve- ment. Another $20 billion would be al- located to the Transformative Projects Program, which would fund bold and innovative projects that may not attract private investment due to technical and risk characteristics. A total of $20 billion would be allo- cated to expanding infrastructure fi- nancing, including $14 billion for ex- isting programs. The remaining $6 bil- lion would go to the expansion of Pri- vate Activity Bonds, money the admin- istration says would provide tools and mechanisms for market participants to invest in public infrastructure. Another $10 billion would go to a new Federal Capital Revolving Fund, which would help with the purchase of federal real property in order to cut down on the long-term cost of leasing property. The proposal includes language estab- lishing a One Agency, One Decision protocol for environmental reviews on federal projects to streamline the pro- cess. The plan also calls on federal agencies to shorten the permitting process to expedite infrastructure proj- ects. Also in the interest of expediting project starts, the proposal calls for two pilot programs that would have the potential to replace the current envi- r o n m e n t a l r e v i e w — t h e p e r f o r - mance-based pilot and the negotiated mitigation program pilot. It also in- cludes steps to increase federal support of workforce development programs, including expanding Pell grants and encouraging apprenticeship and career and technical education. The plan is part of Trump's proposed $4.4 billion federal budget for fiscal year 2019, a proposal that cuts the DOT's discretionary budget by 19 per- cent from the 2017 budget. In addition to spending increases for the infrastruc- ture initiative, the budget proposal in- creases defense spending by $80 billion compared with 2017. The plan does not specify where the money for the increased infrastructure 4 POWDER COATING, June 2018 UPDATE: Industry

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